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APS Cellular, Inc. - Store Policies, Conditions & Terms
Legal & Binding Use, Sales Terms, Policies, Conditions & Buyer Agreement
The use of all APS Cellular, Inc., web site(s) are governed by the policies, terms and conditions set forth below, on other pages and / or other. Your use of APS Cellular, Inc web sites, including: visitors, viewers, viewing, browsing, landing on, making or attempting to make purchase, just browsing, or any other form of use of the APS Cellular, Inc. Web sites including but not limited to: placement of orders, any purchase, no purchase, browsing, subscription to any of our services, other services, 3rd party services and or sources or any other indicates your acceptance of all of our stores sales terms, policies, terms, use, rules and conditions. By ordering, purchasing, using our sites or any other from the web sites or APS Cellular, Inc. you expressly agree to the Sales Terms, Sale Conditions, Policies, Use, other Sales Terms and Other Agreements as set forth on this page and other pages. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from APS Cellular, Inc. web site(s).
Exclusivity: APS Cellular, Inc. DBA CellPhone-Store.com The Acceptance Of Buyer's Order Is Expressly Conditional Upon Buyer's Agreement To The Sales Terms, Sales Policies and Conditions. All Inconsistent and/ or Any Additional Terms, Any Modifications Or Any Changes Are Deemed Material, Are Expressly Rejected, And Do Not Form Any Part Of This Sales Agreement Unless APS Cellular, Inc. Dba Cellphone-Store.Com Agrees To Such Terms In Writing. This is a Legal & Binding Sales Agreement, Terms of Use Agreement and / or Conditions of Use Agreement With or Without a purchase from Us and/ or Our Web Sites.
BY ACCESSING ANY OF APS CELLULAR, INC. OWNED OR OPERATED WEB SITES YOU AGREE TO BE BOUND BY THE SALES TERMS, TERMS, AGREEMENTS, USE, POLICIES AND CONDITIONS CONTAINED HEREIN & OTHER PLACES
By purchasing and / or using any of APS Cellular, Inc. web sites, for ordering products or services, information, or other as well as phone orders, verbal orders, fax orders or submitting any order for accessories, parts, products, service, cellular phones, any products or services, you indicate your acceptance of full agreement to be bound by, the sales terms and conditions set forth below and on other web pages. By using, viewing, browsing or other or our other Web sites you agree that you have read, understand and agree to follow and be bound by the terms and conditions of this agreement. You represent that you are legally capable of entering into our sales terms, policies, contract and or conditions of use, and that you are legally entering into this agreement, whereby which you agree to follow and be bound to in full without recourse. If you do not agree to our sales terms, policies and conditions, please do not submit any orders immediately close your browser.
APS Cellular, Inc., DBA CellPhone-Store.com, APS-Mobile.com, TheCellPros.com and all its other domain names / store names, web sites is happy to provide you the customer with super low pricing, close outs & discount cellular accessories, accessories,phones, parts, equipment, small electronics, etc and more! You the viewer or purchaser are subject to acceptance without modification of all of the terms and conditions contained herein and other pages which may include these and other sales policies, site use, buyer agreements, terms of use, conditions, policies and procedures that may be published and updated from time to time on this site or other pages by APS Cellular, Inc. (collectively the "Sales / Policy Terms & Conditions of use"), which will be updated by us from time to time with or without notice to you. Please review the Sales terms, conditions, policies, site use and other conditions of use every time you enter any of our web sites. Your continued use of our websites which even includes just "browsing" or "landing on" constitutes acceptance of all the terms, sales policies, conditions of use, site use and all other changes or updates even if not posted here.
IF YOU DO NOT AGREE TO ALL OF OUR TERMS, CONDITIONS, POLICIES, SITE USE & / OR OTHER THEN PLEASE LEAVE NOW & DO NOT ACCESS OR USE OUR WEBSITES. BY VIEWING OR USING ALL OR ANY PART OF OUR WEB PAGES, BROWSING, LOOKING, PURCHASING,REQUESTING ANY INFORMATION OR REQUESTS FOR MATERIALS OR BY COMPLETING A RMA RETURN FORM AND/ OR ANY OTHER INFORMATION REQUEST YOU FULLY AGREE TO BE BOUND BY ALL OF THE WEBSITES SALES TERMS, GENERAL TERMS, CONDITIONS, POLICIES, SITE USE & ALL OTHER.
(TOS) Terms of Service & Use: The following Terms of Use ("Terms"), Sales Terms, Policies, Agreements, Use and other may be updated or revised by APS Cellular, Inc. from time to time without notice. Weather your visiting, browsing, using, just landed on, purchasing and or any other all these TOS apply to you. Please check these pages whenever you are on any of our sites. APS Cellular, Inc. may not provide notice of materially significant changes or other changes to the Sales Terms, Return Policies, Agreements or other on any of its web site(s). By ordering with us, by using any of our services in any way, or any other, way or other form you are agreeing to comply with these all these Sales Terms. In addition, when using any APS Cellular, Inc. web sites, services, ordering or other you agree to abide by this & other applicable posted Sales Terms & Conditions, Agreements ( on any web page) for all APS Cellular, Inc. sales & services, which may change from time to time. Should you object to any sales term, sales policy, agreements or any other condition of these Sales Terms, Return Policies, & or any other Conditions, any policies, or any subsequent modifications thereto or become dissatisfied with APS Cellular, Inc. in any way or form, your only recourse is to immediately discontinue use of APS Cellular, Inc. You still agree to be held personally liable, responsible and accountable for any monies owed, debts, fines, office charges, interest and all collections costs. Sales terms, sale conditions, conditions, policies, use or other are subject to change without notice.
(SPA) SALES TERMS & POLICY AGREEMENT IS LEGAL & BINDING: By placing an order at APS Cellular, Inc. websites, verbally, fax or other method, you the customer has agreed & acknowledged to the sales terms, all sales final policy, no returns, no refunds and other conditions of the sale as indicated herein on this website(s). Charges & Fees are not refundable or transferable. By placing an order at any APS Cellular, Inc. websites, you the customer has agreed to the total dollar amount of the sale, plus any other additional dollar amounts which may occur or be incurred without prior notice, including but not limited to: in additional shipping / handling fee's that will be calculated when your order is packaged / checked and ready to ship, or any time after your order has been shipped, for collection, debt reimbursement & fee's, stop payment charges, all past due monies, attorneys fee's, office fee's, any fee's or penalty fee's for collection efforts or within the bounds of sales terms & conditions, and / or any other charges. You the customer authorized APS Cellular, Inc. to collect payment via the payment method the customer used or specified and / or any other method as needed. If the your order was shipped, purchaser refused delivery or was undeliverable for any reason and/ or you the customer/purchaser defaulted in payment in any form or manner you authorize APS Cellular, Inc. to pursue these charges, to collect or recharge your credit card, add additional monetary fee's as listed in policies & conditions. If the funds in default are not immediately collectable you further authorize APS Cellular, Inc of if representatives to send your account debt and / or report to others such as; collection agencies, attorneys and / or others for collection, as well as report your default to credit bureaus, other agencies and possibly face criminal charges and / or civil complaints for non-payment, mail order fraud, larceny by scheme, any other applicable law or charge as well as breach of this contract. y using this or our other Web sites you agree that you have read, understand and agree to follow and be bound by the terms and conditions of this agreement. You represent that you are legally capable of entering into our sales terms, policies, contract and or conditions of use, and that you are legally entering into this agreement, whereby which you agree to follow and be bound to in full without recourse. You further agree that APS Cellular, Inc. has the right to collect any debt owed on any defaulted account, breach of contract, and any other actions with no time limit.
(AASTPCU) AUTOMATIC ACCEPTANCE OF SALES TERMS, POLICIES, CONDITIONS OF USE: By Using our web site(s) or by making a purchase you automatically acknowledged you have read, understood and agreed to be bound by our Stores Sales Terms, Conditions, Policies, Terms of Use and other use & conditions as well as to fully comply with all applicable laws and regulations, including but not limited to without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all federal & local laws, regulations and rules regarding online sales, purchases, conduct and acceptable content. You represent you have the legal authority to accept these Sales Terms, Policies, Conditions of Use on behalf of yourself or any party you represent. You the viewer or user of any of APS Cellular, Inc. web pages agree not to use any information, text, images, pages, any content from any APS Cellular, Inc. web pages or any other information to conduct an investigation of any type, build any type of case, legal case or matter, or any other to use against APS Cellular, Inc. in any form or matter. You the viewer, buyer or any other further fully agree & understand that this is a legal & binding agreement & shall be bound by all our terms & conditions herein and other pages.
(PR) Purchasers Responsibility: It is the purchasers responsibility to determine whether any of the products or any accessory offered for sale are compatible, suitable, usable, fit for a particular purpose, use with an other product, use with an accessory or any other general or lawful purpose. The purchaser agrees to hold APS Cellular, Inc. harmless for any purchase issue(s).
IF YOU DO NOT AGREE TO THESE SALES TERMS / POLICIES PLEASE CLOSE YOUR BROWSER WINDOW NOW
Please Note All Contact Is Done By These Contact Forms & Not By Telephone
(APS1) APS Cellular, Inc. shall have the authority to control, take over, make all judgments, rule over and / or decisions in any & all matters: By ordering, purchasing, browsing and or any other of APS Cellular, Inc. web sites authorize APS Cellular, Inc. to control, take over, make all judgments, rule over & control any and all judgments, claims, disputes, matters and / or any other issues. Including but not limited to: Defaults in payments, stop payments, chargeback’s, refunds, credits, policies, terms, conditions, product information and all other matters. By ordering you the buyer or any type of user APS Cellular, Inc. web sites understands that your rights or other may be forfeited and you fully accept these terms. You further fully agree & understand that this is a legal & binding agreement & shall be bound by the terms & conditions herein. Should you object to any sales term, sales policy, agreements or any other condition of these Sales Terms, Return Policies, & or any other Conditions, any policies, or any subsequent modifications thereto or become dissatisfied with APS Cellular, Inc. in any way or form, your only recourse is to immediately discontinue use of APS Cellular, Inc. You still agree to be held personally liable, responsible and accountable for any monies owed, debts, fines, office charges, interest and all collections costs. Sales terms, sale conditions, conditions, policies, use or other are subject to change without notice.
(F1) Actual Billing Address / Name Required: No Alternate Ship To Names or Address Fraud Policy - Protection: Due to the high level of attempted fraud orders and to comply with the merchant bank regulations, We will only ship to the credit card holders and / or PayPal’s Actual / Primary Verified Billing Name & Billing Address, (the shipping information shown on the order form or below may not reflect it due to no control of it until we actually process it), No Alternate Billing or Shipping Names or Alternate Addresses as stated on the check out pages.
(F1A) PayPal Purchasers: we only shipped to the PayPal Verified Address that PayPal provides us and after we determine that the order & payment is legitimate and has cleared by our standards which may be longer then PayPal’s clearing. It shall be the buyers negligence & loss if you do not know, update or check prior to any purchase that your name, address, email address, information is current & correct with PayPal and / or the bank. PayPal Order Will Take Longer To Process, Some orders may take 60 days to process before being shipped. PayPal orders are non-cancellable & non-refundable. There will be no PayPal Refunds, No PayPal Returns or No PayPal Credits for any buyer negligence or any other reason. We reserve the right to no Paypal refunds and or to use store credits for unfilled paid orders and or other at our discretion. You the buyer agree not to use an alternate name, incorrect email address associated with the account and / or ship to address and / or some else's information weather authorized or not or you may be charged with criminal fraud, breached this sales contract / terms and your order, service fee's applied to your order and your payment shall be forfeited. The buyer or attempted buyer or other agrees not to do or attempt a stop payment, chargeback, seek any type of recourse or any other. The buyer fully agrees and understands that this is a legal and buying sales agreement.
(F1AST) Address / Name Fraud Protection Policy: No Alternate Ship To Names or Address: If you entered a different name, incorrect email address associated with the account or address other than your actual card holders or PayPal’s billing name, incorrect email address associated with the account, address your order may be delayed or canceled with additional charges applied to your order! If you do not know your information then does not order! Get your correct information before ordering, this is your responsibility. We reserve the right to no refunds and or to use store credits for unfilled paid orders and or other at our discretion.
(SRP1) Sales & Return Policy: All sales are final, no refunds, no returns, no credits, and no exchanges. We carry thousands of products at very low discount & wholesale prices and bring to you some of the newest products available in the USA. We cannot "know each & every product or its use". The buyer / customer is has the responsibility checkout, understand, research or find out the actual function, compatibility, use or the suitability of any item, accessory, product, service, warranty or other before being purchased from APS Cellular, Inc. We cannot determine someone else's needs or requirements for their own needs, purpose, actual use or personal use intended, thus "All Sales Are Final and are non-refundable". We suggest researching for the item you desire and determine if it is suitable or compatible with your product or needs. For covered or possible warranty service and / or support please contact the actual manufacturer if possible, a list is provided for your convenience here. See (S10D) for more information.
(APW) All products to the best of our knowledge on our websites are brand name or unbranded and are usually compatible with the description, after market compatible products or unbranded name compatible unless otherwise stated in the title or the description as OEM or Original Manufacturer (from the products actual manufacturer). Please check compatibility, use and if any warranty applies before you purchase any product with the manufacturer or other, this is your responsibility. APS Cellular, Inc. is not responsible for any non-compatibility issues, product use or any other as we are not the manufacturer. The buyer assumes all liability as well as responsibility for their purchase.
(BTR) The brands and trademark(s) used on this site are for information, reference, identification, and possible compatibility purpose only (to help the consumer), and are properties of the respective owners, producers, manufacturers and organizations or other. All trademarks and product model names/numbers are for cross reference only and may be trademarks or registered trademarks of their respective holders We are not affiliated or endorsed by these manufacturers or others.
(MNBI) Manufacturer Names, Brand Names, Brand Images, Logos are only used in reference with merchandise offered for sale herein on our web sites (to help our customers find accessories). These references are intended only to help indicate the possible compatibility / information of the products with the trademarked item(s). APS Cellular, Inc. is in no way intended to indicate affiliation with or endorsement by the owner of the manufacturer, the manufacturer, company, distributor, trademark, and logo, company copyright or other. APS Cellular, Inc. is a reseller of Discount Cellular Phones, Accessories, small electronics and other; we do not claim affiliation or endorsement with any manufacturer, company, product or other. Please note: all items or products will be a final sale and cannot be returned or exchanged, most items are covered under the manufacturer’s warranty. Please Note: All Products to the best of our knowledge are usually compatible after market brands, unbranded or name brands unless listed as OEM Original Equipment Manufacturer or Original OEM in the item ad.
(S1) Pre-Payment: Pre-Payment is required for all orders. Payment must be by verified US Credit Cards with matching address verification through the authorization center (USA Sales Only). The buyer agrees to authorize APS Cellular Inc Pre-Payment for all orders placed and further agrees that all Products / Orders will only be shipped to the credit card holders actual & primary billing name & billing address (exact address you receive your bank statement), that may be determined by APS Cellular Inc. Card Holders Billing Addresses are verified via secure 128 bit encrypted online merchant gateway (same as any standard retail store). Please note that checking the card holders billing address is one of the only ways to check for fraud! Not providing the proper or wrong billing address may automatically decline your order when we actually process it. Please type your information for your order slowly and carefully to avoid address corrections charges from us, examples are, typo's, wrong street number, suite instead of apartment, unknown postal abbreviations, incorrect information, Road instead of Street, Spelled out numbers instead of numerals and or similar, this may delay your order as well due to the fact someone has to research it or map it in our offices. To avoid cancellation please check your billing address, if you do not know where you get your credit card statements, please call the phone number on back of your credit card. PayPal users we only ship to the verified billing name & address on file at PayPal / bank. You must use your own credit card or PayPal account, use of another's account (authorized or not) is not acceptable and against our policy and may be considered fraud! Please note we suggest using a standard credit card. Many ATM or Debit Cards usually do not allow "address verification"; this will cause your card to be declined due to our advanced security check system. If we can not verify your actual address via the on line credit card terminal/gateway your order will be cancelled (please point your issues at your bank for them not providing this information and causing inconvenience and possible fraud issues). You will have to re-order with a different credit card that provides actual address verification (AVS). Sorry but due to the high rate of on line fraud, No alternate address locations, Please No Virtual Credit Cards, No Gifts cards and No International Credit Cards or any card we can not do a AVS On line check of. No Exceptions. We use Yahoo's latest secure online verification process and do not usually call banks due to the extended wait time and lack of cooperation. Payments. You represent and warrant that if you are purchasing something from us or from one of our merchants, distributors or other that (1) any credit information you supply is true and complete, (2) charges incurred by you will be honored by your credit card company, and (3) you will pay the charges incurred by you at the posted prices, including any applicable taxes, fee's, penalties, collection costs, attorneys fees or any other. The purchaser agrees that this is a legal & binding sales agreement.
(ROF) Reducing On Line Fraud: To help reduce online fraud we only ship to the Customer’s Actual Primary Billing Name & Billing Address that the bank uses for your account, that is where your actual billing statement goes to and is on file with (no alternate address accepted). PayPal Orders will be shipped to the Verified Name & Address that PayPal Provides us, No Exception. If you do not know or unsure contact the bank or PayPal prior to ordering to avoid additional charges from us, cancellation and / or other issues. We reserve the right to no refunds and or to use store credits for unfilled paid orders and or other at our discretion. Providing false information is criminal and shall be treated as such :
(A) Pre-Payment in full is required for all online or other orders.
(B) Products / Services / Orders will only be shipped to the credit card holders actual & primary billing name & billing address (exact address you receive your bank statement). Alternate names and / or addresses are not accepted without authorization from us.
(C) Proper Billing Name & Address. Again that means we need your Actual Primary Credit Card Name & Billing Address, that is the exact name & address your issuing bank uses to send you your statement, including your proper USPS Address.
(D) Ship To: We reserve the right to change or alter the ship to names, ship to addresses and or billing names or addresses and / or to US Post Office validated standard listings / abbreviations or to map out the listed address and to charge an additional fee to the customer, a non-refundable address correction service fee without notice before or any time after the order has been made, shipped, re-routed and even delivered for any incorrect street or numeral listings, any misspellings, wrong postal abbreviations, wrong street numbers or wrong street naming, incorrect type of abbreviations, typo's or other will be charge a office fee for us to locate it & attempt to correct it! We cannot guarantee any address or delivery to any address so please use an "insured method of shipping".
(E) Additional non-refundable address correction service fees will be added to any order for any: incorrect street or numeral listings, any misspellings, wrong postal abbreviations, wrong street numbers, incorrect type of abbreviations, returns, undeliverable address, non-deliverable,undeliverable for any reason or no reason, typo's or other correction & you will be charge a office fee for us locate it & / or attempt to correct it! Address corrections are not guaranteed.
(F) Authorization Only Charges for Unaccepted orders: Authorization charges will not be processed as "void" for any order we attempt to charge & we do not accept the order, usually for information that is not correct and / or security / fraud prevention. Security reasons may be non-matching AVS / Address Verifications, wrong zip codes, wrong numbers, wrong security codes, wrong name used, other, for any or no reason from us.
(G) Additional Fee's: We further reserve the right to charge a customer a service fee for any incorrect billing information you provided to us as in; any type of wrong, improper or incorrect information, incorrect street naming or numeral listings, any misspellings, wrong postal abbreviations, wrong street numbers, incorrect type of abbreviations, typo's or other typo's, wrong email address or other to cover our time & expenses (our employee's don't work for free, do you?). Your issuing bank will usually release the funds in 7 to 10 business days. To avoid this situation use your exact primary billing & shipping information from your issuing's banks mailed statement.
(CCC) All Credits Cards will be debited / charged to APS Cellular, Inc. on your Billing Statement.
(CCSTA) Conflict of Terms: If there is a conflict of Terms, Policies or Conditions between any bank, credit card company, PayPal or other & APS Cellular, Inc. The purchaser agrees by ordering that APS Cellular, Inc. shall preside over all matters and shall be reimbursed in full and on demand for all time & labor involved at $575.00 an hour plus office fees & any legal or research fee's.
(OLCNH1) Online Orders Can Not Happen without human input: Please Note: We use a multi-step checkout system. There is no way an online order can be processed without the customer inputting their information and depressing the final check / process order buttons. If you Place multi-orders you will have multi-orders which will be your orders, there will be no refunds, credits, no returns & no other. Any customer who states or withholds payment stating they did not order online, but the information provided to us was correct will be responsible for full payment to us. Any default in payment will leave us no choice other than to criminally charge the customer with fraud and other charges.
(OA) Order Availability (meaning when your order may be processed & shipped) Effective Starting January 2008: Standard Product Order Availability from 2 to 60 days business days (all small orders will take more time), Order processing & delivery will vary, if you need faster service select one of the "Rush Order" Shipping / Handling Methods, Back Orders excluded. Back Ordered: an email shall be sent to the customer, a response back is only required to cancel the order or item. Please Note that All PayPal Orders will take longer to process due to their slow merchant system, use the "Rush Order" Method for Faster Shipping / Handling Service if needed. Small orders will take longer to process due to our commercial/ industrial customer orders will be processed first. Orders are shipped from various parts of the USA.
(S1A) YOU AND YOUR CREDIT CARD: Because of the extremely high volume of Internet orders that we process on a daily basis and the limited Internet staff, APS Cellular, Inc. cannot dedicate excessive amounts of time or resources to the task of trying to contact customers about declined credit or debit cards transactions, if you followed the checkout instructions you should not have a problem if your account is verified and there is funds in the account. Orders are filled in the order they are received based on the correct information provided and our ability to verify the information with the issuing bank, please note that our commercial clients come first. It is the sole responsibility of the customer to provide APS Cellular, Inc. with accurate ordering information. Please verify with your bank prior to placing your order that you have sufficient available credit and that all information provided is true and correct. Incorrect information that we have to correct will have additional charges added to the customers invoice for office time. The reason for this policy is due to the fact that our web sites are maintained in an effort to reduce phone congestion and to allow informed customers to view and place orders at their leisure. When your credit or debit card order is declined (for any reason) this delays processing orders with proper credit and order information. Please keep in mind that a considerable amount of time has already been spent to verify, process, and package your order. APS Cellular, Inc. typically will not dedicate any additional time or personal resources to that order until such time that all other orders for that day with proper credit and information have been filled. The reason we are able to offer such low prices and low rate type shipping on our web sites is because our automated processing system, most of the functions that are normally performed by our regular staff our now computer automated. Please input your billing information correctly so we can save both you & us time & money. This reduction in overhead is the big savings that we pass on to you. When our staff spends extended amounts of time on your order this negates the cost savings and actually increases our costs. Thank you for your understanding in this matter and consideration to our other customers.
(EM1) EMAIL INFO & FREQUENT HIGH FAILURE RATE NOTICE: Be Sure to Double Check Your Email Address! This is the buyer’s responsibility! Emails Not Received: AOL, AIM, BellSouth, CompuServe, Earthling, EarthLink, Hotmail, Live, MSN, NetZero, Verizon, Yahoo, Zone Alarm, Government & All Many Other Users are Not Receiving the Yahoo Order Confirmation and some of our Emails (and many others) due To ISP Restrictions, Internet Issues, Viruses, Denial of Service Attacks and or many other related Issues which change frequently! (Check your Bulk or Junk Folders) & add the domains: "cellular-ssales", "cellularorder.com" "apscellular.com" & "cellular-sales.com" (we try to rotate them to avoid the being considered spam have having "cellular' in the name) to your white list.
(EM1A) Order Confirmation Emails: The Order Confirmation Emails are sent from Yahoo using our domain name and we have No Control of it. No Email Received? Why? More Info More Info2 Please Do Not Re-Order if you do not receive an email! If you have a Yahoo Account go to the Yahoo Order Status System if you have a Yahoo Account to check on it The Yahoo Link is http://shopping.yahoo.com/store/order-status.html or go to your Yahoo Account Page. To Use Our Order Status System Please wait an hour to 24 hours to check if it went through the Order Status System to Check On Your Order. This is your responsibility.
(EM1A1) Please note that if you did not type your correct email address you will not be able to find your order.
(EM1B) EMAILS Being Blocked: ISP (Internet Service Providers) are blocking a lot of legitimate emails. You May Not Receive An Order Confirmation, Status or Other! (Please Check your Bulk or Junk Folders). This includes Yahoo Mails, all the above email types and all others. Be sure you used the right email address with no typos! Please Use the Order Status System to Check On Your Order, This is your responsibility.
(EM1B1) It’s the customers responsibility to check there order status on line and to alert us of any issues
(EM1C) Order Status: Please use the Order Status System Click here for the Live Order Status & Tracking Page for your order Status Page to Check on your order. You may not get any emails even though we send the emails out. (the order status page will not work with the wrong email address!). http://www.apscell.com/orderstatus.html • The Yahoo Link is http://shopping.yahoo.com/store/order-status.html or go to your Yahoo Account Page. Or Click Here for the Yahoo Order Status System if you have a Yahoo Account It’s the customers responsibility to check there order status on line and to alert us of any issues.
(PPSTA) PayPal Order Terms and Conditions: If there is a conflict of Terms, Policies or Conditions between PayPal & APS Cellular, Inc. The purchaser agrees by ordering that APS Cellular, Inc. shall preside over all matters.
(PPO) PayPal Orders: All PayPal Orders may take 7 to 20 business days to process, shipping of the order will be done after processing. If you ordered with a "Rush Order" Shipping method the order & if verified by us will ship ASAP if available. If you do not want to wait, please do not shop here. Our priorities are to our repeat customers, business, commercial accounts and wholesale orders.
(WS1) Web Searches: Notice Web Searches, Internet Searches, All Searches will Always yield a wide range of keyword results from whatever "key words" you input. Always review the search results to narrow down your search and/ or to change the search "key words" to search again. Once you have found some better results always read the "item ad" completely to verify the actual compatibility with the actual item you want to buy before making a purchase. Never go by just the search! Always check the item or products ad for full compatibility, this is your responsibility and we will not be liable for your negligence.
(S1B) Secure Online Checkout: Please follow the easy checkout instructions on the checkout pages. We are not responsible for any customer checkout typos, errors wrong items ordered or any other issue since we do not own the shopping cart system. The Secure Checkout System is provided, owned & operated by Yahoo. Yahoo is responsible for any & all shopping cart liability, issues, torts, breaches, security issues and all other issues or problems. Always make sure the "lock" is showing on checkout.
(S1C) Order Pricing will be finalized when order is actual prepared for shipment: Online order processing generates an automatic pricing & confirmation e-mails, APS Cellular, Inc. may make changes on pricing, product description, and/or specifications, after the confirmation email and prior to product shipment. The automated online ordering system cannot frequently calculate all variables, especially with new products, shipping & handling charges and other. Certain products, the quantity, bulky or retail packaged items, shipping locations are all variables we may need to adjust manually when we actually process your order. At the actual time of processing / reviewing of your order we may recalculate any charges and apply them to your order as needed without notice. Other changes may be corrections, changing market conditions, fuel surcharges imposed by the shippers, rebates, non-compliance with product ad requirements, increased postage fees, or other. We reserve the right to make these price adjustments as needed and charge you, not charge you or deduct for them without prior notification, by doing this your order will not be tied up for days while we try to get a hold of you and you will receive your order much faster. APS Cellular, Inc. reserves the right to limit, void and/or prohibit any sale at its discretion. You authorize APS Cellular, Inc. to add or subtract these charges to you credit as required. By ordering you agree to be bound by our sales terms & conditions.
(S1D) Customer Pricing: Online Web Order Product / Service pricing, tax, and shipping/ handling charges provided when ordering are only estimated and presented for your convenience only. All online pricing and shipping / handling charge / information is subject to change without prior notice or approval unless requested. Your final charges & paid & shipped invoice will be sent via email & contain all updated charges. Your final order total including any applicable tax, product pricing updates and shipping / handling charges will be reflected via email in your final Paid & Shipped Receipt of your online order.
(S1E) Online Website(s) Checkout Pricing are Estimated Until Processed by us: Estimated shipping/ handling rates are shown in the shipping selection box at checkout are shown for your convenience only. We may have to make some monetary adjustments (add or subtract dollar amount (charges to your credit card or other method of payment) to your final order) for shipping: i.e., weight/ handling/ bulk and / or for address corrections, rural areas, redirects or other when your order is actual being processed / packed before or after shipping. Non-Continental USA Addresses will incur additional shipping / handling charges when actual prepare your order for shipping. We reserve the right to change shipping/handling prices, carriers, shipping methods and / or other without notice. Shipping/Handling pricing will be based on bulk, size, weight, packaging, address location, shipping carrier / methods & other at time of actual shipping. All pricing and shipping / handling charge information is subject to change without notice. Your final paid & shipped invoice will be sent via email & reflect all updated charges after your order has been physically processed.
(S1F) Product pricing, order delivery time and / or availability is subject to change without notice. Our order priorities are to our repeat customers, business, commercial accounts and wholesale orders. Some orders may take 30 days or longer to be processed or being shipped out, high demand items, new items, special items longer and please order very early during holiday seasons, you agree that APS Cellular Inc cannot be responsible for any delays. Most orders ship out within a few days to few weeks on average. Prices, delivery times, processing time, promotions, terms and conditions are subject to change at any time with the sole discretion of APS Cellular, Inc. without notice (yes, including after an order has been submitted). By ordering you fully agree & understand to these sales terms, policies & conditions. If you need your order sooner, please contact us prior to ordering. Rush Orders will have the highest priority if the items are available.
(S1FA) Product / Order / Shipping Availability or Shipment Time Frame: APS Cellular, Inc Always strives to get your order out quick! Our order priorities are to our repeat customers, business, commercial accounts and wholesale orders. Most orders usually ship in 2 to 20 business days (weekends & holidays excluded) while some orders may be up to 20 to 45 days due to the extremely fast pace of the electronics industry, manufacturer or distributor delays, which may include hold ups at customs or other. Special or "pre-orders" products can be 90 days. Holiday seasons, special sales, or other may be longer, so please order early. If you need your product or item faster than please use the "Rush Order" method available at checkout under shipping methods, if the products in stock it usually ships the same day. Please Note that 2 day Air, 3 day Air or Priority Mail is a "Shipping Method" and is not a "Priority" or "Rush Order" it is only a method used after your order is approved then processed. Again; 2 day Air, 3 day Air or Priority Mail is only the "Shipping Method" to be used after your order is "processed". You can always contact us prior to ordering for a stock status and or shipping time frame for an order, we will try our best for you! If you need your order sooner, please contact us prior to ordering. Rush Orders will have the highest priority if the items are available. We reserve the right to change "Shipping Methods, Shipping Carriers, Shipping Prices (before during, or after shipment) without notice". APS Cellular, Inc. is not responsible for any order delays, processing delays, hold ups, shipping delays or any other that may occur. Canceling of an order before shipping may incur a service fee / charge to the customer (please see other paragraphs on this page). The Customer agrees by placing an order or by ordering that you shall be bound by these sales terms & conditions in full.
(S1G) Finalized Order Pricing; Order Pricing shown at checkout is only an estimate. Actual order total will be finalized when your order is actual packed and ready to ship. The total for your order will be sent via email shown on your Paid & Shipped Email.
(S1H) Online Order Pricing: Product / Service pricing, tax, and shipping/ handling charge information above are estimated and presented for your convenience only. All online pricing and shipping / handling charge information is subject to change with notice on your final receipt. Your final Paid & Shipped invoice will be sent via email & contain all updated charges. Your final order total including tax and shipping / handling charge will be reflected via email in your final Paid & Shipped Receipt of your online order.
(S1I) Title Holder of Product, Purchase or items: All merchandise sold is the property and title (ownership) of APS Cellular, Inc., until paid for in full; APS Cellular, Inc. shall hold title of products until paid for in full.
(S1J) Right of Price Adjustment, Offset or Money Due or Owed: You the purchaser authorize APS Cellular Inc at any time that an amount is due APS Cellular Inc, APS Cellular Inc shall have the right, without prior notice, to set off and apply any amounts of money otherwise owed for price adjustment, offset, any money due, owed or any other charges to APS Cellular Inc to the purchasers credit card or other, for any amounts owed to APS Cellular Inc by purchaser, in all cases.
(S2) PayPal Purchasing: You can also use PayPal payments (only verified members with verified & matching names & addresses only), by selecting it at check out (located in the payment box) or please go to PayPal.com where you can use PayPal to shop our discount cellular accessories. PAYPAL USERS > Please Note: If you will be making payment via PayPal, you must be a verified member with a verified address (you must use your exact name, address, phone number, email address info that is on file with PayPal, that includes name, address, phone, email, etc). Please select it in the "Payment Method for Credit Cards drop-down box below", do not fill in your credit card numbers here. We only ship to the address PayPal gives us, no other address! If you do not accept your order, refuse it, have a non-deliverable address or any other delivery issue you will not be refunded back! All provided order Information Must be the exact same as PayPal has on File! Fill in the other required fields and click the 'Continue' button at the bottom of the form. Products will not ship unless the "Payment has cleared" confirmation has been received PayPal (not your bank!), we further do our checks and processing if all appears valid after we believe the payment has cleared, the customer verified and other checks, further we shall go by our acceptance, terms & meanings. We reserve the right not to refund or credit back any form of PayPal payments made to us with or without reason. Please note that PayPal’s terms or policies are not ours, and you the purchaser agree, buy ordering or attempting to order through APS Cellular, Inc shall be bound legally by our sales terms & policies. We reserve the right to refuse any order. You will be given the opportunity to make your payment via PayPal on the confirmation page. No PayPal orders will be processed until payment has been made in full, is verified and/ or has cleared by our terms / conditions.
(S2a) PayPal Order Ship To Address: Due to the high rate of PayPal fraudulent orders the following applies: APS Cellular, Inc will only ship to the PayPal verified name & address that PayPal gives us per PayPal's policy and our terms. No Exceptions! No Refunds for any non-deliverable orders, refused, damaged, attempts to ship to any alternate ship to address and / or other reasons! By ordering you fully agree & understand to these sales terms, policies & conditions. Any disputes, charge backs, attempt to stop payment, threats shall be treated as criminal fraud.
(S2 P1) PayPal Checkout Procedure: Important: Be Sure to follow all checkout steps exactly at PayPal checkout screen until you are Completed! All Payment must be made now! Non-Verified PayPal Member Orders will not be accepted and if found during our manual processing will not be refunded! Any Order from a Non-Verified PayPal member, address, use of an others account or any non-matching info may void your order and you will not be refunded or credited back in any way! We only ship to the address PayPal gives us, no other address! If you do not accept your order, refuse it, have a non-deliverable address or any other delivery issue you will not be refunded back! Due to the high rate of PayPal Fraud users & attempts we will not refund any PayPal payment in any occasion, this includes legitimate or other. Please note we can only look up PayPal payments by the member’s actual name! Sorry no cash, no checks, no money orders. If any possible refund associated with any PayPal order will be done at our sole discretion only and charged an office service fee and possible other fees by us to process it. By ordering you fully agree & understand to these sales terms, policies & conditions.
(S2 P2) PayPal Checkout Customer Error: If you do not follow the checkout instructions and pay by checking off PayPal and then entered a credit card, use a wrong or incorrect address and or other failure of following the easy instructions it will be your negligence and you will not be refunded back. We may not know you paid twice and may only know if you inform us in writing with the date, time, amount and user name you used. It will cost us time to locate & verify this information, any refund associated with any PayPal order will be charged an office service fee & or refund processing fee by us to process and refund any monies or other. We reserve the right not to refund you back for this error or any other you may have caused due to the amount of work & time involved. By ordering you fully agree & understand to these sales terms, policies & conditions.
(S2 P3) PayPal Buyers No Refunds, No Credits, No Cancellation, No Returns Policy: All PayPal Purchases, attempted purchases, purchases, orders, order cancellations or other will not be refunded back, credited back, or other to any buyer that purchases via PayPal for any reason. We only ship to the address PayPal gives us, no other address! If you do not accept your order, refuse it, have a non-deliverable address or any other delivery issue you will not be refunded back! You the buyer accept this policy as a legal sales contract between yourself and APS Cellular, Inc and that you shall not cause any stop payment, chargeback, withdrawal, complaint or any other. By ordering you accept this as a legal & binding agreement & fully agree & understand to these sales terms, policies & conditions.
(S2 P4) PayPal or Credit Card Purchaser / customer takes on full liability for loss, verification, safety and validity of delivery address given to us at the time of purchase. The purchaser agrees to provide us the primary name & address that is on file with PayPal or the bank, failure to do so my result in additional charges, cancellation of order and no refunds. Any undeliverable order, refused order and or any other delivery issue will not be refunded.
(S3) Order Verification: Please Note: We may require the buyer on some orders require to fax and or e-mail a front & back copy of your credit card, valid US ID, and signed copy of your order confirmation. We will examine the documents and information to determine validity. Failure to comply will void your order will result in no order & no refunds. This paragraph includes PayPal buyers and all other buyers. The Link is here to do it for an alternate address only after our approval.
(S3A) Order acknowledgement is not a contract and does not constitute an acceptance of your order, but only a record of your offer to purchase a particular item at a particular price. After you place an order, APS Cellular, Inc. will determine whether or not to fill the order and may refuse or limit your order for any reason or no reason. By placing your order, you agree to accept all terms and conditions set forth anywhere on this site, including APS Cellular, Inc. terms and conditions of sale. APS Cellular, Inc. reserves the right to accept, refuse, or limit your order for any reason, including, but not limited to, credit review, the unavailability of a product or errors in the prices and product descriptions posted on our Web site(s).
(S3B) Order Acceptance: We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered or to substitute items within any product. By ordering you fully agree & understand to these sales terms, policies & conditions.
(S3C) Liability: By placing your order, you agree that APS Cellular, Inc’s total liability, under any legal theory or claim, shall be limited to the maximum of .01% of the actual purchase price actually paid to APS Cellular, Inc. for the product or services giving rise to APS Cellular, Inc. liability. By ordering you fully agree & understand to these sales terms, policies & conditions.
(S3D) No Order Cancellations: No Order Cancellations after an order is placed. Orders are processed in real time. There cannot be any order cancellations. Refused or non-deliverable orders will not be refunded or credited back. By ordering you fully agree & understand to these sales terms, policies & conditions.
(S3E) No Order or Product Returns without our written authorization: In general All sales are final, we do not take returns and no refunds. Please do not return anything back to us without written authorization to us. Any & all unauthorized returns will not be processed, that means no refunds, no credits, no nothing. Certain circumstances may allow for a return after our approval if accepted. A Completed customer RMA Form is required for review by us. Shipping & handling is never refundable under any circumstance.
(S4) Fraud Policy: Credit Card, PayPal & all other Payment methods; All the Information you provide must match the valid credit card/ PayPal or other method account records as provided by the issuing bank or other 100%. You must be the actual listed credit card holder, provide full name, full address, email address associated with the account, and the phone number actually listed with the bank. No Alternate Names or alternate addresses may be given to us even if authorized. Credit Card Purchaser / customer takes on full liability for loss, verification, safety and validity of delivery address given to us at the time of purchase. The purchaser agrres to provide us the primary name & address that is on file with PayPal or the bank, failure to do so my result in additional charges, cancellation of order and no refunds. Any undeliverable order, refused order and or any other delivery issue will not be refunded. Anyone using a name or address that is not on the credit card will have no warranty, nor rights, no refunds, no credits or any other recourse. Providing false information constitutes fraud, mis-used or abused chargeback’s and/ or other, and will not be tolerated and you will not be refunded on any occasion for any matter. Fraudulent behavior will be aggressively prosecuted by us & authorities to the fullest extent of the law. Further note our privacy policy shall be null & void!
(S5) Ordering for Adults & USA Only! USA Sales Only! You must be over 18 years or 21 years of age to order from us. Adults, we do not baby sit and cannot monitor your children, prevention is on you. The credit card holder is responsible for all charges placed by minors and others (we will not accept that "you authorized it"). Child care responsibility is on the parents, not us. There will be no returns, credits, refunds, no warranties or any other if a minor or other person does order, uses products from our website's or any other, with or without your authorization. Please note: All sales are final on all orders due to low discount pricing. Ordering from us is a valid Sales Contract.
(S6) Please know what you are ordering! If you do not know what you are buying please find out first or search for information! We are a discount store and to keep prices low for you we do not include the usual mark up that covers the time and resources for, tech support, compatibility checks, returns and phone sales. Once you buy a product or service from us you own it! We do not offer a "try it and return it" policy or a "satisfaction" policy for any reason. There are no refunds and no returns. Please note all products especially closeouts, sale items, discounted items, discontinued products (weather known at the time or not) cannot be returned, exchanged, replaced or other and all sales are final. You have elected to order on your own, for purchasing parts or accessories from us that may or not be compatible with your phone or other; we are not liable or responsible for your selection. Please note: in most cases you can contact the manufacturer for support & warranty or just information , check the phone specifications at www.Phonescoop.com for full specifications or search Google for help! When you place an order with us orders are processed in real time and you cannot cancel the order. Please Note: unauthorized credit card charges, credit card bank disputes, credit card / bank charge backs, bank inquiry's, retract or deny payment without our written consent, violators may be accessed a service fee of $5000.00 for every order plus other expenses, as well as possibly being sent to collections, with collections fee's, attorney fees, office fees and all other incurred fees added to the amount of money owed us as well as reported as fraud.
(S6A) Customer is liable & responsible to check for product and / or accessory compatibility: Due to the vast amount of the latest products / accessories and with hundreds of new products / accessories coming out monthly, the customer is responsible for knowing what they are buying. The customer should research the products or item they are going to buy through the manufacturer of the product they are buying accessories for or the details / specifications of a new product. A good place to start would be the manufacturer of the product; you may be able to locate the manufacturer through internet very easily with search engines like www.google.com or the business phone books. If you are for example buying cell phone accessories you can go to the manufacturer of your phone or the accessory brand manufacturers website, and also check the phone specifications at www.Phonescoop.com for full specifications, which is great if you do not know much about your device. If you are looking to buy a new GPS Unit, you can go to Garmin or Magellan for example to check out the products. Please note: we try to give you as much information as we can about the products, but due to fast pace of consumer products it is easy to error, we cannot be responsible for errors, It is currently impossible for us to know what works with what without looking up the specifications of each product. Please research your product before purchasing. All sales are final and there are no returns or refunds, but you can check with the manufacturer for support. You agree that APS Cellular, Inc. will be held harmless of all liability for any product purchase, compatibility, use, warranty, no fit, satisfaction, does not work or other issues. By ordering you fully agree & understand to these sales terms, policies & conditions.
(S6B) Customer is liable & responsible for use of their credit card: This means you the actual cardholder is liable for any & all transactions if the credit card information was used to place an order with us. You the card holder, whether knowingly or not authorizes APS Cellular, Inc. or its representative to charge or / collect the full amount plus all fees & expenses for any of the following: Any credit card inquiry's, held payments, stop payments any default in payment by the card holder will be charged $5000.00 plus $575.00 an hour, plus office expenses and any legal fees to respond back to the credit card holders issuing bank or to our merchant bank. Any un collectible debts may be sent to collections, attorneys, or others, reported to credit bureaus as a default in payment and criminal charges. We will not accept any reason for a default in payment to us for a credit card or any other payment that was used with or without knowledge.
(S6C) Customer is liable & responsible for providing their correct, accurate, legal and proper information. This includes their real name, real address, real phone, number, real email address, real credit card account, real PayPal account when ordering or identifying themselves to us. Failure of the customer to provide real information may be criminal, cause you additional charges and / or other. Any false information we receive shall be reported to law enforcement, credit card company, credit bureau and / or others. APS Cellular, Inc shall not be responsible or liable for customer provided information.
(S6D) Customer is liable & responsible for Multi-Orders for Any Reason or No Reason: This includes placeing an additional order because they may have not received an automated order confirmation email from Yahoo. The last page of checkout tells you to Print the the page and to use the order status system to check for order confirmation using the order status system, order in case you did not get an email, this is when the order status system is in place. If you typed your email address wrong then you will not get an email or be able to use the order status system.
(S6E) Customer is liable & responsible for any / every order placed: Including but not limited to: Double clicking, re-clicking, re-ordering due to no email confirmation, customer negligence and / or other.
(S7) Sales Tax: Massachusetts Residents: As required by the state Law, 5% sales tax will be added to your order if you live in Massachusetts. Every ordering customer shall be solely responsible for all sales taxes, use taxes or other taxes, on orders shipped to any other state, county or other.
(S8) Web Sites & Sales Terms: This agreement, sales terms, conditions, policy & terms are in full effect for all of APS Cellular, Inc. owned, affiliated or other web sites, web pages, orders, on line orders, mail in orders, services and products including phone in & fax in orders.
(S8a) Due to the fast paced nature of the cell phone & cellular accessory (all electronics included) technology business we do not guarantee compatibility of any product with any cell phone, accessory or other. There for if you choose on your own and purchase a product you (the customer) are responsible for any compatibility issues. Please check for product compatibility with your cell phone or product manual and /or with the manufacture of the product if available for more information. You have elected to order on your own, for purchasing parts or accessories from us that may or not be compatible with your phone or other; we are not liable or responsible for your selection. Due to the fast paced industry, the compatibility, working, function, fitting, use or other of some products may not be certain. APS Cellular, Inc. attempts to produce ads to be as accurate as possible in our content and descriptions.
(S8b) Product Compatibility: Ee cannot guarantee that the product compatibility, use, the product ad, product ad descriptions/specifications, pricing or any other content on the site is accurate, complete, or current. Product compatibility is not guaranteed by us. We are not responsible for any ordering errors. Customers will agree that we are not liable for mismatched product pictures nor mistakes in product information.
(S8c) After market Brands: Please note: After market brand (non-OEM or non-Original Accessories) may void your cell phone warranty. Meaning OEM Original Equipment produced by the phone manufacturer, i.e. Motorola cell phone and Motorola OEM Original accessory. Note: Aftermarket brand products may not be recommended by the product manufacturer and may damage or void your products warranty, purchase and use at your own risk. Important: Be sure to know your cell phone model and service provider. You can always check the box you cell phone came in, check the manual, check your cell phone bill, call your service provider or go to phonescoop.com to look at the pictures to try to identify your model. There is no excuse for not knowing your cell phone model before ordering accessories or parts for it.
(S10A) Product Availability: Product availability will vary, products are in stock, some items may be out of stock or discontinued due to the fast pace of the industry, or our large commercial or wholesale orders that have to be fulfilled, these have priority before regular orders. Some orders that are shipped from our fulfillment warehouses or distributors across the country may require a shorter or longer time for the item to ship. We may also ship the orders with multiple items from different warehouses locations so it is possible you get the items on different days and in more than 1 package. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, with or without prior notice to you, to supply less than the quantity you ordered, back order items, back order & auto-ship items and / or to substitute items with a similar product / item at our discretion. Some orders may take up to 30 days or more before being processed at times. You should first inquire on availability before ordering, this is your responsibility.
(S10B) Product Images / Photos/ Pictures and ad descriptions of products are representations and are not always the actual item for sale but are usually similar; this is due to constantly changing manufacturing processes, designs & other reasons beyond our control. Actual images of products may differ due to various web browsers & settings, printer setting, manufacturer updates, newer versions of this item may be shipped before the picture shown is updated or is used for reference only & may not be actual item. Actual manufacturer product Part numbers, Model numbers, Codes & Sku's may vary, as this is normal. Due to the constantly changing technology, fast pace of technology, and manufacturing process changes to products can change without notice or short notice. APS Cellular, Inc Web Sites is supplied to you on an "as is" basis without warranties or representations of any kind...
(S10C) APS Cellular, Inc. shall not be responsible for, and does not control, the quality, safety or legality of the services, products advertised, the truth or accuracy any description, compatibility, quality, use or other for any product or service. APS Cellular, Inc Web Sites is supplied to you on an "as is" basis without warranties or representations of any kind. The buyer is responsible for its safe & legal use and verifying product use and / or compatibility if being used with another product.
(S10D) Product Compatibility, Fitness, Use or Suitability Disclaimer: Product Compatibility, Fitness, Use or Suitability. Due to the volatile nature of the cellular, electronics, GPS & general consumer products, product descriptions may not reflect current compatibility, accurate descriptions, accurate specifications or any technical information. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. We try to make every effort to provide you with the accurate information, but we advise that you check with the actual manufacturer of the product to be sure, this is your responsibility. A wise consumer will always research the product before buying! We also advise you to research the product as well. Due to the flood of new products daily, we are not always able to update and post new or updated product information on our websites as fast as the products come out or change. Many times new accessories are available but with no compatibility list, details, specifications and frequently only a very vague description. Sometimes we may have inadvertently have: description errors, typographical, photographic, compatibility error, technical error, or error in pricing information or other, unfortunately this is beyond our control. Further some products, prices, descriptions, compatibility, manufacturer promotions, product information, photos, or offers may change before we are able to update and post the information on our websites. These Web Sites is supplied to you on an "as is" basis without warranties or representations of any kind. You agree by ordering that APS Cellular, Inc. is not liable for Product Compatibility, Fitness, Use or Suitability, nor its sources, employees, contractors, manufacturers, distributors, vendors, or contributors shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall APS Cellular, Inc. or its sources, employees, contractors, manufacturers, distributors, vendors, or contributors be liable for any direct, indirect, incidental, accidental, special, exemplary, or consequential damages (including, but not limited to: procurement of substitute of products, information, goods or services; loss of use, any type of data, or profits, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, tort (including negligence or otherwise), or any other theory arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, whether based on alleged breach of contract, tortuous behavior, negligence or any other cause of action, including but not limited to damages or injuries caused by any failure of performance, loss, deletion, defects, errors, omission, interruption, delay in operation or transmission, computer hacking or virus, communications line failure, theft, destruction, security breach, unauthorized access to, alteration of, modification of or use of any record, device, computer or any other.
(S10E) Technical support or sales advice: APS Cellular, Inc. does not offer any technical support or sales advice; if we do you agree not to hold us liable for it.
(S10F) Misrepresentation: APS Cellular, Inc. shall not be liable for any type of misrepresentation in the advertising, sales, compatibility of products or services, promotions or any other of any product, service, cost or other. You agree not to hold APS Cellular, Inc. to any claims of negligence, breach of warranty, misrepresentation and / or tort liability. You further agree not to make any claim(s) against and to hold APS Cellular, Inc. harmless in any claim.
(S10G) Advertising Errors - Typographical Errors: APS Cellular, Inc. will not be responsible for any advertising or pricing typographical errors, other errors in any ads, product compatibility issues, ad descriptions, or omissions regarding prices or other information. All sales are subject to APS Cellular, Inc's Term and Conditions of Sale. Customer pays return shipping/handling expenses (non-refundable) on all services or returns.
(S11) Product Installation: Please refer to your cell phone user manual, dealer, technician and information from the product if available, you can also search google.com with keywords for help. Most car chargers, home chargers, batteries, cases, belt clips do not have instructions and usually do not need instructions they are mostly plug & charge, but always check your cell phone manual. Many cellular products & accessories do not include instructions, manuals or need manuals and are simply "plug in" as with car chargers, batteries, belt clips, cases, and travel chargers. Some OEM Original products/parts must be installed by your cell phone dealer, i.e., LCD Display Screens, Replacement Speakers, antennas, housings, repair parts, etc. Most all aftermarket accessories must be installed by a professional technician or cell phone modder and not by your cell phone authorized dealer; these include faceplate housing kits, flashing accessories, car kits, etc. Please note: Authorized Cell Phone Dealers are usually not technicians or even have certified factory technicians (they send the items to the manufacturer or repair center usually), they will often discourage you from buying or installing any aftermarket part or accessory, though they may offer these services. Note: Some repair stores may tell you the faceplate/housing (especially Motorola / Nextel faceplates & replacement housings) that you give them to install is no good, does not fit or other in an attempt to sell you a their replacement product or because do not know how to "fit" your product to your phone, or have other problems due to lack of know how (even though they might have installed others, not all products are the exact same and may require "fitting", please beware and go to another place of business. After market brand (non-OEM or non-Original Accessories) may void your cell phone warranty and may not be installed by an Authorized cell phone dealer. We are not liable for any product, installation, damage or any other and do not guarantee or warranty any installations, installation problems, compatibility, loss of use, any type damages made or caused or alleged defects, we will not be liable in any way. All sales are final. Do it yourselfers be forewarned.
(S11A) Products - Advertising - Searches - Web Searches: Due to the fast pace & dynamic nature of the electronics industry (consumer products); prices, manufacturer promotions/rebates, offers, product specifications, ad descriptions, compatibility, technical information or specifications, images and availability of products may change without prior notice. We are not responsible for any "Searches on our sites", "The Search Results" and / or "Search Engines Advertising or Descriptions" in any way or form, especially for pricing, offers, compatibility & descriptions which are usually not accurate on search engines. Any or all typographical, photographic / image or specification error in product, pricing, or offers is subject to correction.
(S11B) Product Updates & New Products: Due to the volatile nature of the cellular, electronics, GPS & general consumer products, product descriptions may not reflect current compatibility, accurate descriptions, accurate specifications or any technical information. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. We try to make every effort to provide you with the accurate information, but we advise that you check with the actual manufacturer of the product to be sure, this is your responsibility. A wise consumer will always research the product before buying! We also advise you to research the product as well. Due to the flood of new products daily, we are not always able to update and post new or updated product information on our websites as fast as the products come out or change. Many times new accessories are available but with no compatibility list, details, specifications and frequently only a very vague description. Sometimes we may have inadvertently have: description errors, typographical, photographic, compatibility error, technical error, or error in pricing information or other, unfortunately this is beyond our control. Further some products, prices, descriptions, compatibility, manufacturer promotions, product information, photos, or offers may change before we are able to update and post the information on our websites. Unfortunately this is the wave of our future.
(S12) Contacting Us: Please Note: Email Is No Longer a Reliable Contact Method due to many ISP (Internet Service Providers) blocking & changes due to SPAM and the fast rate of new viruses. Please Click Here or http://www.apscell.com/contact.html
(EM1) Please Do Not Email Us! It may not get through to us! This is your ISP or another Servers fault not ours if it does not reach us or you! Please Click Here or http://www.aps-cellular-accessories.com/contact.html
(EM2) Email Failure: The Internet is not 100% and Emails are not always received for many reasons including: Spam filters, ISP Blockage, malicious viruses from emails & attachments, we may not get your emails. (Due to new SPAM Filtering on our ISP and Servers and Most all ISP's). Please use our virus proof contact form, click here. Be sure to include a valid return email address (do not use an AOL or free account) that does not have spam filtering (add us to your white list), if you do not hear back from us in a few days please click here. We receive over 300 emails a day, a lot of virus / trojans attempts, most without subject lines and lack of pertinent information! Please use our contact form instead of email; we may take a few days to get back to you. Our form is not guaranteed but it works much better most of the time. Please note, your ISP may be on a blocked list without you even knowing it and we won't get your emails! Read more about email issues here.
(EM3) Please do not email us and use our contact form. Even with our contact form we may not receive your form due to ISP email servers being plagued with new viruses and DOS attacks daily. We may take a few days to get back to you due to the high amount of requests. Please note we will report all Virus and SPAM senders and may seek legal action against them. Most all of our emails are scanned with Anti-Virus software before being sent. Be sure to have updated anti-virus software on your computer to prevent viruses and to protect your computer. Please note that all emails can intercepted and modified!
(EM4) All Contact Is Done via our website & By our Contact Forms & Not By Telephone
(S13) Contacting You: We use email as our primary source to contact customers, we email all order confirmations, invoices, shipping and tracking information to the customer. If the need arises we will attempt call you via telephone or fax you if needed. Please note that it is important you give us the proper phone number, email address information, have us on a "white list" to receive emails, use virus protection, have room in your email box to receive new emails ( be sure to check your SPAM Box or Bulk Box too!). Please be sure to type in your phone number correctly. Too many people are making typos or not provided legitimate info in both their email addresses and phone numbers! Please take your time and double check you’re typing! We cannot be responsible for your errors or mistakes. Over 20% of our outgoing emails are bounced back and customer phone numbers are wrong!
(S14) All warranties are voided if the customer: uses a product or item for applications other than that application intended by the manufacturer for its designed use, commercial use, heavy use, other use or modifications, any modifications, breaches of the sales contract or any terms, fails to pay for goods, does a chargeback and or other reason with APS Cellular, Inc. will void and warranties, returns and / or refunds. Please note: all items or products will be a final sale and cannot be returned or exchanged, most items are covered under the manufacturer’s warranty.
(S15) SALES TERMS / AGREEMENT / CONDITIONS OF USE FOR OUR WEBSITES, VERBAL, FAX, OTHER METHODS & ORDERING AGREEMENTS CONTINUED
(S16) Customer / Buyer / User / Web Browser Legal Agreement
(S16A) Automatic Agreement to Sales Terms and Conditions: By ordering, using, purchasing, buying, browsing, using, accessing or any other use using any of our APS Cellular, Inc. website's or under other names, You must agree to all our agreements, terms, policies, conditions and all other listed on this page and all our other web pages. Your order is a valid sales contract if we accept it and our terms still apply if you are browsing or using our websites in any form or manner. All services, items or products will be a final sale and cannot be returned or exchanged, most items are covered under the manufacturer’s warranty.
(S16B) Bound By Sales terms: By using, ordering, attempting to order and or accepting delivery of any product, services or other delivered from APS Cellular, Inc. or any of its website's you ("Customer or User") agree to be bound by the full sales terms, conditions and use policies. All services, items or products will be a final sale and cannot be returned or exchanged, most items are covered under the manufacturer’s warranty.
(S16C) Exclusive Sales Terms: You the buyer or user and APS Cellular, Inc. agree that our sales terms and conditions are the exclusive terms governing the sales transaction between Customer and APS Cellular, Inc. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement (breach of contract) and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from any website that is operated by APS Cellular, Inc.
(S16D) Any person(s) that does order or purchase any accessories, phones, equipment, product(s) from any of APS Cellular, Inc. Web Site(s) or by fax, verbally or telephone agrees to the stores policies, conditions, terms of sale & other as set forth on our web pages. All services, items or products will be a final sale, non-refundable and cannot be returned or exchanged, most items are covered under the manufacturer’s warranty. All sales are final and non-refundable unless stated otherwise. Buyer agrees and understands that he/she is entering in to a legally binding sale.
(S16E) Customer Obligations: If you visit, browse or use in any way any of our APS Cellular, Inc. website(s), you're also legally obligated to read, agree, understand to the best of your knowledge and go by all terms and conditions listed on this page and any other policy, terms, agreement pages or regulation pages that applies to our web sites, the Internet, the World Wide Web or other. You further agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our web sites, forums, products, services, your purchase & use of the products or services through our web sites. We may report actual or perceived violations of law to law enforcement, appropriate authorities, credit bureaus or other. You acknowledge that violations of the sales terms, conditions, privacy policy could subject you to criminal, civil penalties, fines, penalties and / or other.
(S16E1) Our terms, conditions and other may be no different reading then reading a banks or credit card company’s application for credit or other type of terms, a cellular phone contract, lease, car loan or other standard buyer agreements. If you have a question please ask. You shouldn't access or browse the site if you have any problem with that, because once you start, there's no turning back; you are bound by our terms and conditions.
(S16F) You the user, buyer or other agree you will not use our name APS Cellular, Inc. or any of its names, web sites names or any other associated name for any and all use. This includes forums, bulletin boards, papers and all other places. Use of our name may be libel, a copyright violation, or other and subject you to legal actions.
(S17) Buyer Submission of order: By submitting any order to APS Cellular, Inc. (or using any of its website's), you acknowledge that you are the authorized credit card holder, have read & understand our sales terms & policies and agree to be bound by these conditions of sale. You agree that all information you provide to APS Cellular, Inc. will be accurate complete, truthful and current. You understand and agree that the charges for goods / services specified are irrevocable, undisputable and may not be charged back, contested or challenged in the future, doing so breaches your agreement which is a legal contract. Breaching of this contract will be held liable for their actions to the fullest extent. Due to our low discount prices All sales are final, no returns, no credits, no exchanges or refunds unless listed in item ad. Most products have a manufacturer warranty by the manufacturer, if applicable, and not by APS Cellular, Inc. See policy for returns/defective items. You further agree that this is a legal & binding sales contract. Violators may be subject to legal actions, collections, attorneys and or other for non-payment issues, or any other matters.
(S17A) APS Cellular, Inc. is not responsible for damage (s) to any phone, product, electronic item, component, any other product or item, accessory use, loss of business, loss of money or any other, compatibility issues or any other incident or situation may occur. You have elected to order on your own, for purchasing parts or accessories from us that may or not be compatible with your phone or other; we are not liable or responsible for your selection. The Web Sites is supplied to you on an "as is" basis without warranties or representations of any kind. Due to the fast paced cell phone industry, the compatibility of some products, services, accessories or any other may not be certain and you have elected to buying them at your own risk. All sales are final, non-returnable & non-refundable.
(S17B) No Shipping or Delivery Liability: APS Cellular, Inc. will not be held liable for uninsured/ no signature or any USPS Post Office methods shipping you may have chosen, you had your options to ship insured but have neglected to do so as suggested. All insured shipments are through the shipping carrier, you must contact them for any claim. There will be no shipping or order refunds on any order. All insured shipments are through the shipping carrier, you must contact them for any claim. APS Cellular, Inc. is not responsible for any shipment time or delay. You agree that any shipping problems including but not limited to; non-delivery, delays, late delivery, wrong delivery, unclaimed, error and all other delivery issues will be the liability of the shipping carrier and not APS Cellular, Inc. You further agree you will not attempt a chargeback or stop payment to APS Cellular, Inc. because of any shipping problem, incident, delay, non-delivery or any other delivery issue.
(S17C) On-Line Security: Yahoo provides the on line security & checkout with the highest level of security for all transactions for your security. We are not liable for any secure server errors, hacking, problems, any issues or any other event that may occur at anytime.
(S17D) Legal & Binding Sales Contract: By Ordering through any of our APS Cellular, Inc. websites, fax, phone, verbally or any other means make it a legal & binding sales contract. Any person(s) that does order or purchase any accessories, phones, equipment, product(s) from any of APS Cellular, Inc. Web Site(s) or by fax, verbally or telephone agrees to the stores policies, conditions, terms of sale & other as set forth on our web pages. All sales are final unless stated otherwise. Buyer agrees and understands that he/she is entering in to a legal & binding sale contract with APS Cellular, Inc. . . . Please Do not continue if you do not agree to our sales terms & conditions of sale.
(S17E) Stop Payments, Fraud, Default in Payment: Stopped Payments, Default in Payment, Non-Payment, Non-Reversal of Chargeback’s, Credit Card Charge Backs, disputes, inquiry's or other reverse or no / stop payment by any method may be Treated as Criminal & Fraud, Reported to Authorities and may be sent to a Collections, Attorneys and Credit Bureau's. You authorize APS Cellular, Inc. or its representative to charge your credit card a minimum or $5000.00 per incident, plus $575.00 an hour, plus legal & research fee's & all incurred expenses for any stop payment, chargeback, dispute, inquiry, violation of our terms, breach of contract or other. You will also be liable for all incurred costs involved with collecting any payments or balances due. Be advised if you breach our agreement/terms/policies we will pursue you to the full extent of civil and criminal law. Be sure to contact us if you have a problem, this is your full responsibility. Failure to contact us and make contact will breach your agreement and you will be legally liable for all debts incurred and or breach of contract. Further note our privacy policy shall be null & void!
(S17F) Refused, Unclaimed, Non-Acceptance, Attempts or Cancellation during processing, Attempts or Cancellation after shipping, Refused, Expired Forwarding and/or any type of Non-deliverable orders For Any or No Reason: Any Customers Order / Shipments that are refused or not accepted in any manner or form by the customer or at the customer location without our written authorization or any and/or all refused, rejected, not claimed, non-deliverable for any or no reason, moved, invalid address or any other reason for non-delivery or acceptance of any customer order will not be refunded or credited back. If you the customer causes further causes or makes Stop Payment, Non-Payment, a Chargeback’s, a Credit Card Charge Backs, any disputes, any inquiry's or other reverse or stop payment by any method may be Treated as Criminal & Fraud, Reported to local, state, county, federal and Your Local Authorities as well as may be sent to a Collections, Attorneys and Credit Bureau's. You authorize APS Cellular, Inc. or its representative to charge your credit card a minimum or $5000.00 per base processing charge, plus $575.00 an hour, plus all incurred expenses for any stop payment, non-payment, chargeback, dispute, inquiry, violation of our terms, breach of contract or other. You will also be liable for all incurred costs involved with collecting any payments or balances due. Be advised if you breach our agreement/terms/policies we will pursue you to the full extent of civil and criminal law. Be sure to contact us if you have a problem, this is your full responsibility. Failure to contact us and make contact will breach your agreement and you will be legally liable for all debts incurred and or breach of contract. Further note our privacy policy shall be null & void!
(S18) Inaccuracy Disclaimer, Substitution & Discontinued items. From time to time there may be ads pictures, images, prices, pricing or other information on APS Cellular, Inc web sites that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, compatibility, use, suitability, pricing, availability or other content or lack of content. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the website's at any time without prior notice (including after you have submitted your order). Due to the fast paced cell phone & accessory industry, the compatibility of some cell phone products and or accessories products may not be certain; we also reserve the right to substitute items within any product without notice. Actual manufacturer product Names, Part numbers, Model numbers, Codes, Compatibility & Sku's numbers may vary, as this is normal. We reserve the right to ship a product with a variation than what is pictured on our website(s). Due to the fast pace of electronics products, many products are updated, changed or other before they can be updated. We want to ensure that the products you have ordered are in stock and ready to ship, there may be infrequent times when an alternate product is shipped. All alternate products should be of equivalent quality and perform the same functions as what is described in the product description as best as possible. Models, parts, accessories and other items are being discontinued faster than ever due to the fast pace of high tech engineering, there is currently no reliable list or charts of "discontinued items" or "EOL End of Life" Products, we can only know when we find out, it is the customers responsibility to check with the manufacturer before purchasing any item from us. There are also no returns allowed on any "Discontinued Product or items". We do our best to keep product information accurate, correct & updated; will not be held responsible for errors, compatibility, losses or any other issues regarding our website's services or products. Please contact the manufacturer if you are unsure, further note the manufacturer’s representative’s information may not be known and is frequently found incorrect!
(S18B) Images & Photos of Products: Actual products or images of products may differ due to various web browsers & settings, printer setting, manufacturer updates, newer versions of this item may be shipped before the picture shown is updated or is used for reference only & may not be actual item. Actual manufacturer product Part numbers, Model numbers, Codes, Compatibility & Sku's may vary, as this is normal.
(S19) Pricing: Due to our heavy discounts of sales on (low prices, extremely low margins, below wholesale pricing, etc.), all sales are final. We do not offer any warranty, return or exchange service. Please Note: All new accessories, parts, etc., we sell have a Manufacturer's Warranty. All warranty issues need to be addressed with the Manufacturer of the product. Web Site Pricing is for online orders only and may change when the order is actually processed (when we actually physically process your order); phone orders are subject to a surcharge for the manual work required. Pricing is subject to change at any given time without prior notice and you agree to this. There is no price guarantee, no price matching, pricing may change daily due to the market and deals we may or may not receive. Prices, pricing may differ in different sections, pages, identical items, different website's will have different pricing. We have several websites and pricing will vary from site to site. Although we do our best to maintain accurate pricing, we withhold the right to change pricing at any time without notice and will not be held responsible for errors or compatibility regarding our website's. We are not responsible for pricing errors or errors in product descriptions. All prices quoted at checkout maybe exclusive of taxes, shipping and handling charges or other additional charges. Prices and product availabilities are subject to change without notice. Specials and promotions may be limited to stock on hand. We are not responsible for typographical errors on pricing information. APS Cellular, Inc. reserves the right to refuse or cancel any order placed on incorrectly priced products. Pricing and specials are constantly changing and we reserve the right to cancel sales or your order if a pricing error or non-updated price increase was discovered. We’re only human. Therefore, from time to time, it is possible that we may publish a price on this web site that is incorrect. Such an inaccuracy may relate to pricing and availability. Although we do our best to maintain accurate pricing, we withhold the right to change pricing at any time without notice and are will not be held responsible for errors or compatibility regarding our website's. You must agree with our terms when you order.
(S19A) Product or Service Advertising Typo's or Description Errors: We are only human and mistakes or typos do happen. We reserve the right to correct any product description errors or pricing updates as in additional costs to the customer, and to update information at any time without prior notice. We apologize for any inconvenience an occasional error or omission may cause you, and we hope you will continue to find ordering from APS Cellular, Inc., web site(s) as convenient and satisfying as we intend it to be. Our customers mean everything to us.
(S19A1) All Orders Shall be Pre-Paid Prior to Processing. All orders for service, products or other must be paid in full prior to processing any order.
(S19B) Pre-Pay / Pre-Order Products : Means you pay now (you are ordering it and you will now be charged in full for the order, non-refundable for a product that is not in stock but is expected to be coming in from a manufacturer at a future date. Customers who Pre-Pay / Pre-Order will receive their products before anyone else will! Product ETA Dates are not guaranteed. All Pre-Pay / Pre-Orders are non-refundable, non-creditable, non-cancelable. If the product does not arrive in 90 days APS Cellular, Inc. may issue the customer an in-store credit only & no refunds. Sorry but no cancellations & no refunds for any Pre-Pay / Pre-Order Products. If your bank has a problem with the wait or "pre-pay, pre-order method" it is your responsibility to clear any issues with them. Benefits of Pre-Pay / Pre-Order Products are you may be able to purchase a product that is very hard to purchase now, a product that had a limited quantity produced so the value will go up, the ability to show your product off before the product is available for the general public!
(S20) Possibility Of Additional Credit Card Charges: If necessary, The Customer / Buyer authorizes APS Cellular, Inc. to add additional charges or new charges to their credit card to process your order or to collect unpaid debts, interest, penalties, fees, fines, our administration costs, collection costs, attorneys fees or any other reason. The Charge of $5000.00 plus $575.00 per hour, office charges and legal & research fee's. If you do a stop payment or chargeback (non-payment, stop payment, abuse or misuse of a chargeback’s, threats of a stop payment or chargeback, withdraw of funds, retract payment or any dispute of payment, etc) and / or it goes to Arbitration you agree to pay us $1000.00 plus an hourly rate of $575.00 plus all Arbitration fees are $400.00 plus other charges at $575.00 an hour if you put us in that position. Other additional charges for disputes, refusals, additional charges for non-deliverable for any reason, additional charges for "package re-directs" to the shipper or additional charges for other reasons that do not meet the sales terms or any conditions and additional charges for any additional freight charges for address corrections, product price corrections, additional shipping fee's, other services not listed, handling, extra weight, refused, redirected shipments, non-deliverable shipments or any other reason or issue not listed here. Customer also authorizes APS Cellular, Inc. to include separate additional, fees, service fees, office fees and for charges for non-payment, stop payment, retract payment in any form, chargeback’s, disputes, billing disputes, billing inquiry's, additional charges for non-payment, additional charges for withholding payment or other, for payment and office / collection fee's if any payment is reversed, not paid or other issues causing us loss of money or additional work. Occasionally other additional charges may be added to your order, i.e., shipping / handling / service / office / address correction fees or charges, other non-listed services may increase due to customers errors or customer typos, product extra weight, size, delivery area, commercial or business locations or other reason, an extra handling/shipping fee or other service charge, unforeseen circumstances, product price adjustments or other non-listed services or other may be applied without notice or warning to help insure you get your order promptly as soon as possible without delay or for debt collection, service fees or any other.
(S20A) Additional Charges / Adjustment Charges: You the customer authorize APS Cellular, Inc. to make price adjustments (increase or add actual extra amounts of money to your order) as needed to your order without prior notice, this may be when your order is actually processed or at any later date. Examples would be shipping & handling fee's, additional weight charges, shipping charges incurred from redirecting your order, shipping carrier extra charges for address corrections, special arrangements, product pricing, product pricing of non-complying sales terms, product pricing with special terms such as "must be purchased with other item for this special price" or other and other additional charges we did not see or was foreseen as we see fit or incurred. All pricing is subject to change without notice.
(S21) No Cancellation of Orders, Unauthorized Returns, Refusal of Acceptance Placed Orders - Cancellations in general are not allowed. You will Not be Refunded or Credited Back! Period! Any & all Types of Customer Refused orders, not accepted ordered, undeliverable order in any way or form will not be refunded or credited back in any way! Cancellation of orders if accepted by us may be charged a $25.00 or 25% of any order total over $100.00 for office processing / handling fee & at our discretion before being processed, a 35% Restocking fee (of product total) and, shipping/handling fee will not be refunded (additional return shipping fee's may be applied for returns, refusals or other reasons). There is no guarantee we can cancel your order because they are processed in real time (meaning they are sent to our warehouse's or drop shipper to process). This is due to the amount of work involved and a fee(s) charged by the merchant gateway, credit card companies & others. We cannot guarantee to cancel any order because they are processed in "real time". Please do not stop payment or do a chargeback because you will be in breach of contract and be "charged additional fees and costs" as in the stop payment policy. Further note our privacy policy shall be null & void!
(S21A) All Customer Refused, Unclaimed, Re-directed, Moved, Forwarding Expiration or Error, Customer Error, Forwarding Expired, and / or Non-deliverable placed orders for any reason or no reason and all other unauthorized returned packages, unclaimed, return to sender will be discarded and you will not be refunded or credited back (which may cost more than the actual product). No Refunds or any credits back policy includes a refusal to accept any placed order by the customer (or any other at the address), cancellation of order, unclaimed, non-deliverable, re-directed, any type of non-acceptance of delivery, not home to accept delivery, moved address, package shipped back to us or any other reason not listed, for any order that has been placed. You will not be refunded or credited back in any manner. You the customer assume all liability in receiving or refusing your placed order. If you order it you own it, so attempt to receive it! Please try to avoid this issue by being prepared to accept delivery of the order you placed or not changing your mind after you ordered, this is your responsibility. By submitting your order you are entering a legal and binding agreement to a sale by our terms.
(S22) Ordering From Any APS Cellular, Inc. Web site(s) is a Legal & Binding Sales Agreement
When you place an order with us it is a legal and binding sales contract. By using the submit order button you are accepting all of our terms of sale & policies and it constitutes your legal signature by this agreement. All sales are final, no credits, no refunds, no exchanges unless listed otherwise in the products ad. All services, items or products will be a final sale and cannot be returned or exchanged, most items are covered under the manufacturer’s warranty. Exception is DOA (dead on arrival) within 48 hours of receipt of product. All products are checked before being well packaged and marked "fragile", if you received your item damaged, weather there was visible or non-visible damage on the packaging, you must make a claim with the shipper, not us, we do not ship damaged goods! Missing products or wrong products (we shipped wrong, not ordered wrong) must be reported to us on RMA Return Form (no emails) and phone immediately or you will have no recourse. Please note we do not ship damaged goods! If you do not agree with our terms please do not order, you will not be refunded, exchanged or credited for any reason except as listed on this page. Please Note: Chargeback’s may be treated as Fraud & Reported as such, additional costs will be incurred, you may be liable for all associated charges to collect the payment, reported to authorities and sent to a collection agency as well as possibly charged or debited to your credit card for our service fee for chargeback’s. Further note our privacy policy shall be null & void! (S23) Miscellaneous: Unless otherwise specified and except to the extent APS Cellular, Inc. products are offered for sale in the United States through this Site(s), this Site (all APS Cellular, Inc, all web sites) and the contents thereof are displayed solely for the purpose of re-selling of consumer goods such as: cellular accessories, cellular phones, wireless products, accessories, electronics, GPS, memory, novelty items, crafts, and other products & services available in the United States. Pricing is subject to change anytime without notice. We reserve the right to cancel or void any order without reason at any time.
(S23 A) Taxes / Customs Charges: It is the customer's obligation to be aware of custom charges, use taxes or any other taxes from their own country, county or state. Any refusal of shipment due to nonpayment of customs taxes, duties, or charges will necessitate a chargeback in shipping charges to a customer’s credit card. Customers are responsible to report & pay duties / taxes as required by law in their country, state, county or other.
(S23 P1) Links: Certain hyperlinks on our websites may take you to another website; we are not liable for their content or any other issue. All Trademarks belong to their respective owners. Links to other sites do not necessarily imply any endorsement or affiliation between our sites and the link targets. Please use them as you do on any unknown hyperlink or unknown web site.
(S24) All Sales are Final No Refunds or Credits Due to Low Discount Pricing: All Sales are Final, No Refunds, Credits back or exchanges. All services, items or products will be a final sale and cannot be returned or exchanged, most items are covered under the manufacturer’s warranty. This Agreement shall be construed in accordance with the laws of the State of Massachusetts, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Massachusetts. By state law we can sell products with "all sales final" as long as it is "disclosed to the buyer clearly and conspicuously before the transaction is completed", since it is posted here, on the footer of all product pages and on the check out page, all sales are final. Mass. Gen. Law Chapter 93A 940 Code of Mass. Regs. 3.13. States: "A seller can have any type of return policy it wants ... "all sales final," "merchandise credit only," "full cash refunds within 30 days," etc. A seller's refund, return, or cancellation policy must be disclosed to the buyer clearly and conspicuously before the transaction is completed. Usually, this is done by means of a sign at the point of purchase. Printing the store's return policy only on a cash register sales slip does not comply. You may return goods within a reasonable period of time if no return policy was disclosed. A seller cannot misrepresent its refund, return, or cancellation policy, or fail to honor any promises about it." By state law we can sell to you as "all sales final" and no refunds or credits. Link to law http://www.ago.state.ma.us/txt/retail.htm . Please note all our sales are "final" there will be no credits or refunds on any order.
(S25) Termination This Agreement is not effective unless and until terminated by either you or APS Cellular, Inc. You may terminate this Agreement at any time by breaching this agreement / contract and being held liable for such actions and payments. APS Cellular, Inc. also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site(s), if in APS Cellular, Inc's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or APS Cellular, Inc., you will reverse any chargeback’s, payment holds, inquiry's and or disputes ASAP as well as pay our additional charges in full. You promise to make full payment to us, return products if only authorized by us, you must promptly destroy all materials obtained from our web sites, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. If you terminate this agreement you may be in breach of contract and may be liable as such. You still agree to be held personally liable & responsible and accountable for any monies owed, debts, interest and all collections costs.
(S26) Hacking, Infiltration, Security Breaches or any other name of the website(s), database(s), system(s), system failure, system faults or any other. APS Cellular, Inc. and all of its website's are not responsible or liable in any way for any hacking, security breaches, theft or infiltration of the website(s), database(s). system(s), servers(s), system failure or any other type of issue not listed here, by a second, third party or any other.
(S27) Customer Negligence: APS Cellular, Inc. will not be responsible for any customer negligence in any way or form. This includes the customer’s failure to read and or understand any of our instructions, typos, double ordering, double clicking, clicking when you should not, not reading or understanding store policies, store terms, ad descriptions or any other. You agree to not holding APS Cellular, Inc. liable in any way or form for your negligence by using and or accessing any of APS Cellular, Inc. website's, systems, products or any other in any way or form. If you do not agree to our terms please leave now.
(S27 A) Customer Ordering Errors: APS Cellular, Inc. will not be responsible for any customer ordering errors; this will include any & all ordering information, compatibility issues, etc. Including but not limited to: double ordering, double clicking, clicking when you should not, and other. Purchaser agrees that any order, issue, typo or problem that cause us extra work the customer will be charged for it.
(S27 B) Order / Transaction Numbers: We can only use the order numbers we gave you to find records, other transaction numbers from banks, credit card statements, PayPal or other cannot be used to locate transactions because they are not available to us (each bank provides their own numbers). The customer is responsible for their order number upon completion of their order, which is displayed when you have completed checkout and on all emails we send you. It is strongly suggested to print the completed checkout page that will have this number, in case your email does not go through. We again cannot locate or help you with transaction numbers other than the ones we provide you.
(S28) Attempts to Scam or Defraud Us: If you attempt to Scam or Defraud us in any way or Scam or Defraud us you will may be prosecuted for criminal actions to the fullest extent of the law as well as face possible civil court actions. Federal laws will also be applied to any criminal attempts or actions. This shall include chargeback’s, stop payments, disputes and other issues. The customer further authorizes APS Cellular, Inc. to charge their credit card a minimum of $5000.00 for any attempts to scam or defraud us. Plus $575.00 an hour plus for all costs, attorneys fees, collection costs or any other work involved in any type of fraud, scam or other attempt to stop payment (intentional or not) that will cause, would cause or may cause us any type of loss which will include products, labor fee's and other. Further note our privacy policy shall be null & void!
(S29) Limits and Exclusions: There are no expressed or implied warranties except as listed above. APS Cellular, Inc. shall not be liable for special, incidental, consequential or punitive damages, including, without limitation, direct or indirect damages for personal injury, loss of goodwill, profits or revenue, loss of use from this product or any associated product or equipment, cost of substitute equipment, downtime cost, loss of data, programs or business information, or any other losses, or claims of any party dealing with buyers from such damages, resulting from the use of or inability to use this product or arising from breach of warranty or contract, negligence, or any other legal theory. All expressed and implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited to the applicable warranty period set forth above.
(S30) State and Provincial Law Rights: Some states and provincial laws do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long an implied warranty lasts, or the exclusion of warranty in certain situations, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights, which vary, from state to state and from province to province. You agree all court or other types of arbitration will be held in Middlesex County, MA. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
(S31) Jurisdiction and Venue: You agree that any legal action brought against APS Cellular, Inc. shall be governed by the laws of the State of Massachusetts without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation (for purposes of any suit, charges, action or any & all other proceedings arising out of this sale / terms agreement)arising from your use of or orders or other made on the APS Cellular, Inc. sites shall be an appropriate federal or state court located in Middlesex County, Massachusetts. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
(SC) Caveat: APS Cellular, Inc. will in good faith attempt to make sure that all the information on our web site(s) are accurate, however, APS Cellular, Inc. will not be responsible for any typographical errors, technical specification in accuracies, oversights and/or other. All the customers and buyers should exercise due diligence when purchasing any products, whether online or offline.
(S32) APS CELLULAR, INC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY APS CELLULAR, INC, IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
(S33) Legal Disclaimer Statement: APS Cellular, Inc. will do the best in providing the best website shopping experience to all customers. APS Cellular, Inc. will provide the most accurate content information on all the products shown on our web site(s), including but not limited to: ad or product specifications, policies, pricing, and visual displays in 3D or standard. The rules and policies, pricing, and product in-stock availability are subject to change without notice and APS Cellular, Inc. reserves the absolute right to limit quantities that can be purchased by the customers. All the prices displayed on this website are subject to final approval at the time of order fulfillment. All the photo images are shown for edification and representational purposes only. In the event that APS Cellular, Inc. is unable to provide an actual image of a particular product, APS Cellular, Inc. reserves the right to substitute a similar picture or image of that product, so long as, APS Cellular, Inc. states in the description that this picture or image is a similar picture to the actual product, similar reference look, or another type of disclaimer. All the product(s) specification will be based upon the information provided by the manufacturers and APS Cellular, Inc. may or may not modify or change any of the manufacturer's specification. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
(S34) Credit Card Merchant Regulations Statement: If any of APS Cellular, Inc. Policies, Terms, Conditions or Agreements or other are not within the Credit Card Merchant Requlations / Rules, all other Terms, Policies, Agreements and / or other will still remain in full effect. What this means is if any provision within the Terms and Conditions is held to be invalid or unenforceable under the Credit Card Merchant Policy or Regulations, such provision shall be struck and all other remaining provisions shall be enforced. The Credit Card Merchant Regulations are only for Credit Card Sales Only.
(S35) Internet Disclaimer Statement: APS Cellular, Inc., does not control the internet or its use and shall not be held responsible for ant Internet or Internet related issues, problems and all other.
(S36) Yahoo Discliamer statement: Yahoo, Yahoo!, Yahoo! Store, and Yahoo! Clubs are registered trademarks of Yahoo! Inc. We do not control what they (Yahoo) do, don.t do, provide, functions or other. If any of APS Cellular, Inc. Policies, Terms, Conditions or Agreements or other are not within the Yahoo Merchant Regulations / Rules, all other Terms, Policies, Agreements and / or other will still remain in full effect. What this means is if any provision within the Yahoo Terms and Conditions is held to be invalid or unenforceable under the Yahoo Merchant Policy or Regulations, such provision may or shall be struck and all other remaining provisions shall be enforced. The Yahoo Merchant Regulations are only for Sales Only using the Yahoo Store System and do not apply to our other Sales Methods, Other Web Sites, and / or other.
(S37) Be A Smart consumer: The Golden Rules of ordering on Line: Always Read Merchant Store Policies, Always check with other sources about the merchant, Always verify creditability with any on line merchant and or online order, Always Know and Verify that you are ordering the correct or wanted items. Always read and follow instructions. Always do your research before making any purchase. Always do a product research before making any purchase.
(S38) Negligence: APS Cellular, Inc. is not responsible for any company, agency, user, purchaser, customer or any others negligence or any other negligence. Negligence by any person, company, agency, user, purchaser or any other cannot be used in ay way or form as the basis or other for any liability to APS Cellular, Inc.
(S39) Indemnification: You the browser, consumer, purchaser or other, shall be liable for, and shall indemnify, APS Cellular, Inc., its directors, officers, affiliates, employees and representatives for, and shall hold harmless, protect and defend APS Cellular, Inc., its directors, officers, affiliates, employees and representatives from and against, and shall reimburse APS Cellular, Inc., its directors, officers, affiliates, employees and representatives for, any and all damages sustained, incurred or suffered by APS Cellular, Inc., its directors, officers, affiliates, employees and representatives resulting or arising in connection with your use of any APS Cellular, Inc. Web site (s), or any other matter.
(S40) Store Sales Policy - All Sales are final: All Sales are final, non-refundable, no exchanges, no refunds and no credits. Due to low low pricing we do not include a mark up for "returns", "customer service" and other.
(D1) Disclaimer This site offers no warranty, no guarantee as to the compatibility of the documentation, any products, parts, services or any other accessory available on our web pages. These items/products/services are offered on behalf of the manufacturer (s) or others, and this web site is not responsible for their compatibility, fit, performance, quality or lack thereof. This site relies on the information provided by the manufacturer, publisher or other with regard to these items. Due to the fast paced industry, the compatibility of some products may not be certain. If you experience any problems with the information, problems, warranty issues, defects or other resources you find here, please direct your inquiries to the manufacturer(s), if applicable or known. "direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Product descriptions, information, compatibility and other information may have errors or be outdated. The product descriptions, and all other information is "AS IS", "WITH ALL FAULTS". User assumes all risk of use, damage, or injury. You agree that we have no liability for any damages. We are not liable for any consequential, incidental, indirect, or special damages. You indemnify us for claims caused by you. Without limiting the foregoing, everything on the site is provided to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. This Agreement is governed by the laws of the State of Massachusetts, without regard to principles of conflict of laws. To the extent you have in any manner violated or threatened to violate APS Cellular, Inc. and/or its employees, affiliates, intellectual property rights, others, APS Cellular, Inc. and/or its affiliates/others may seek injunctive or other appropriate relief in any state in the State of Massachusetts or federal court, and you consent to exclusive jurisdiction and venue in such courts. Terms, Policy's and Other subject to change without notice.
(D1A) If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all other remaining provisions shall be enforced.
DISCLAIMERS :(DS1) Disclaimer: APS CELLULAR, INC. DISCLAIMS ALL AND OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability In no event shall APS Cellular its officers, directors, employees, or agents be liable for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, whether or not advised of the possibility of damage, and any theory of liability, arising out of or in connection with the use or performance of any product's offered for sale by the company.
(D1A1) Disclaimer / Limitation of Liability: WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE CELL PHONE ACCESSORIES OR OTHER PRODUCTS OR ITEMS FOR SALE ON OUR WEBSITES, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, USE, COMPATIBILITY, AVAILABILITY, OR COMPLETENESS OF THE PRODUCTS, AD & DESCRIPTION INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE AND ALL SALES ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND APS CELLULAR, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(D2) Disclaimer II: Services, Product Item Pricing, Features, Sales, Ad Listings and specifications are accurate to the best of our knowledge; they are subject to change without notice. We try to maintain them as well as check of the accuracy of them. All other brand and product names are trademarks of their respective holders. We are Not responsible for price differences or changes, ad descriptions, compatibility, ad pictures, misprints, typos or misunderstandings. Pictures of products are only representations or are similar to actual product, this is due to constant manufacturing design changes, techniques and advancements, this is not under our control. The item you receive may not look the product in the ad. We reserve the right to substitute items for similar items. The rest are our opinions. Some accessories are Specialty items and are not guaranteed to work with all phones and/or cellular services. All sales are final, no refunds, no credits or exchanges, except if listed differently in that product ad. We are not responsible for lost, never received or damaged insured or uninsured items, check with the shipper. If you want insurance notify use before you make the purchase. Buyer is responsible to ask any questions prior to purchasing. We are not responsible if you purchase the wrong item or for your ordering error (s). There is no guarantee that any item or accessory you purchase will work, fit or will compatible with your cell phone. Please note: in most cases you can contact the manufacturer for support & warranty or just information , check the phone specifications at www.Phonescoop.com for full specifications or search Google for help! Please note, however, that APS cannot be responsible for ad descriptions, compatibility issues or problems, pictures shown, pricing errors, typographical or other errors, and reserves the right to cancel any orders resulting from such errors. Actual images of products may differ due to various web browsers & settings, printer setting, manufacturer updates, newer versions of this item may be shipped before the picture shown is updated or is used for reference only & may not be actual item. Actual manufacturer product Part numbers, Model numbers, Codes & Sku's may vary, as this is normal.
(DS3) Disclaimer of Liability: APS Cellular, Inc. nor its sources, employees, contractors, manufacturers, distributors, vendors, or contributors shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. In no event shall APS Cellular, Inc. or its sources, employees, contractors, manufacturers, distributors, vendors, or contributors be liable for any direct, indirect, incidental, accidental, special, exemplary, or consequential damages (including, but not limited to: procurement of substitute of products, information, goods or services; loss of use, any type of data, or profits, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, tort (including negligence or otherwise), or any other theory arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, whether based on alleged breach of contract, tortuous behavior, negligence or any other cause of action, including but not limited to damages or injuries caused by any failure of performance, loss, deletion, defects, errors, omission, interruption, delay in operation or transmission, computer hacking or virus, communications line failure, theft, destruction, security breach, unauthorized access to, alteration of, modification of or use of any record, device, computer or any other.
(DS4) General Disclaimer: THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS", "AS AVAILABLE" BASES AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. OUR WEB SITES AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEB SITE(S) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
(DS5) Disclaimer of Pricing, Specifications, & Product: Prices and specifications contained on these web pages are subject to change without notice. APS Cellular, Inc. is not responsible for typographical or photographical errors. From time to time, APS Cellular, Inc. may revise company policies, subject to change without notice. Please check regarding current prices, specifications, and policies at the time of your purchase.
(MSL1) Choice of Law -Applicable Law: This online store and its details of use may be governed by the laws of the State of Massachusetts. We reserve the right to make changes to the online store, policy, agreements, any advertisement, product descriptions, prices, offers or any other and these Online Store Terms of Use at any time with or without notice.
(D2) APS Cellular, Inc. takes no responsibility for the information provided on this site(s). These files and anything else on this site are here for private purposes only. If you are affiliated with any patent or copyright owner, or any other related group or were formally a worker of the above, you cannot enter this web site, cannot access any of its files and you cannot view any of our files. All the objects on this site are private property and are not meant for viewing or any other purposes other than bandwidth space. If you enter this site not agreeing to these terms, you are violating code 431.322.12 of the Internet Privacy Act of 1995, and that means that you cannot sue any person(s) affiliated with this page which includes family, friends, business or individuals who run or enter this web site(s).
(D3) APS Cellular, Inc. shall have the right at any time to change or discontinue any aspect or feature of APS Cellular, Inc. web sites, including, but not limited to, content, product information, service, products, hours of availability, equipment needed for access or use or any other.
(D4) APS Cellular, Inc. is a reseller (and not a publisher, manufacturer or other unless listed otherwise) of content supplied by third parties and Users. Accordingly, APS Cellular, Inc. has no more editorial control over such content than does a public library, bookstore, or newsstand as well as product use, warrantee or compatibility. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of APS Cellular, Inc., are those of the respective author(s) or distributor(s) and not of APS Cellular, Inc. Neither APS Cellular, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any product, content, nor its merchantability or fitness for any particular purpose.
(D5) Info & Accuracy: In many instances, the content available through APS Cellular, Inc. represents the opinions and judgments of the respective information provider, User, or other user not under contract with APS Cellular, Inc. APS Cellular, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on APS Cellular, Inc. by anyone other than authorized APS Cellular, Inc. employee spokespersons while acting in their official capacities. Customers will agree that we are not liable for mismatched product pictures nor mistakes in product information. Under no circumstances will APS Cellular, Inc. (all its web site's) be liable for any loss or damage caused by a User's reliance on information obtained through APS Cellular, Inc. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through APS Cellular, Inc. Please seek the advice of the manufacturer, professionals, or other as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
(D6) Terms Modifications: APS Cellular, Inc. shall have the right at any time to change or modify the terms, conditions or any other applicable to User's use of APS Cellular, Inc. terms, policies, conditions, web sites or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may or may not be given by means including, but not limited to, posting on APS Cellular, Inc. web sites, or by electronic or conventional mail, or by any other means by which user obtains notice thereof if possible. Any use of APS Cellular, Inc. web sites by user after such notice or without notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
(D7) Hacking, Infiltration, Attempts to Hack, Infiltrate or other or any other name of the web site(s), database(s), system(s), servers(s), any type of system failure, negligence or any other. APS Cellular, Inc. and all of its web site's are not responsible for any hacking or infiltration of the web site(s), database(s), system(s), server(s), system failure or any other by a second or third party.(WM) Web Site(s) Modifications to Pages, Text or Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any text, images, photos, documents, information, terms, policies or any other content appearing on or off our web sites without notice.
(I1) INDEMNIFICATION: Any and All Users or Purchasers agrees to defend, indemnify and hold harmless APS Cellular, Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims, any loss, any negligence and any type of expenses, including attorneys' fees, arising out of the use of APS Cellular, Inc. web site's, links, information, products, accessories, services, any type of purchase or any other, including by User or User's Account. You agree to defend, indemnify and hold APS Cellular, Inc. and it's employee's harmless from and against any and all claims, damages, costs, expenses, including attorneys' fees, arising from services or products purchased or related to your use of our Sites including Hacking, Infiltration, server failure or hacking, system failure, system faults or any other name of the web site(s), database(s), system(s) or any other or other not listed here.
(DIS) You the Buyer, Viewer, Browser or other user agree to indemnify APS Cellular, Inc., and hold APS Cellular, Inc. harmless and /or not liable for any and all issues as well as defend APS Cellular, Inc., for any & all acts or omissions of others, any loss or damage, problems, issues, errors, oversights, neglect, unforeseen, naturally occurring events, war, terrorism, delay(s), expense, loss, natural calamity, for any misrepresentations, negligence, contractual, negligence, tortious loss of any kind and or responsibilities of others including but not limited to: Acts of god, natural disaster, act of terrorism, act of war, act of strike, buyer neglect and or negligence, any and all shipping issues, shipping errors, any loss from shipping carriers and or others.
(C1) Copyright Notice: © 2002, 2003, 2004, 2005, 2006, 2007 APS Cellular, Inc. All rights reserved. Design, layout and content are copyrighted. Trademarks, Logos, Images, Text, Information, Layout, Our Text, Our Text style& Format, Set up & all other are the property of their respective owners and may not be copied or duplicated. Unless written permission is expressly granted, no portion of this web site may be copied, duplicated or transferred in any manner in whole or in part. No part of the contents of this web site (Any APS Cellular, Inc. Web Sites) may be reproduced or transmitted in any form or by any means without the written permission of the owner. Any infringement upon my copyrighted material or intellectual property will be prosecuted in both civil and criminal court to the fullest extent of the law.
WARRANTY- MANUFACTURER WARRANTY -LIMITED WARRANTIES
(LW1) SOME ITEMS MAY QUALIFY FOR A LIMITED WARRANTIES MAY COVER AN ITEM OR PART OF A PRODUCT REPLACEMENT ONLY, NOT THE ENTIRE PRODUCT, POSSIBLY A REFURBISHED PRODUCT OR PART. PLEASE NOTE THAT SHIPPING / HANDLING FEE'S TO RETURN THE PRODUCT BACK TO US & SEND THEM BACK TO YOU IS NOT COVERED AND YOU HAVE TO PAY PRIOR TO SHIPPING OUT ANY REPLACEMENT REPLACE THEM, THAI IS ONLY IF QUALIFIED AS DEFECTIVE AFTER THE EXAMINATION. THERE WILL BE NO REFUNDS ON ANY WARRANTY CLAIM OR OTHER. THIS LIMITED WARRANTY IS ONLY FOR CERTAIN PRODUCTS.
(NRDI1) THERE WILL BE NO REFUNDS ON ANY DEFECTIVE ITEM, PRODUCT OR (DOA) DEAD ON ARRIVAL ORDER. PLEASE FILE A RMA FORM WITHIN 2 DAYS OF RECEIPT OF YOUR ORDER. TIME LIMIT IS 2 DAYS. ANY & ALL ACCEPTED RETURNS ARE SUBJECT TO OUR SOLE DISCRETION ONLY.
(NRDI2) ANY NON_OEM ORIGINAL PRODUCT THAT IS DOA (DEAD ON ARRIVAL WHEN YOU RECIEVE IT, MUST FILE AN RMA FORM WITHIN 2 BUSINESS DAYS MAXIMUM TIME PERIOD) WITHOUT SHIPPING DAMAGE AND INSPECTED BY US FOR DEFECT MAY BE EXCHANGED AT OUR SOLE DISCRETION FOR THE EXACT SAME PRODUCT IF STILL AVAILABLE, THERE WILL BE NO REFUNDS. TO ATTEMPT TO GET COVERAGE THE RMA AUTHORIZATION FORM MUST BE COMPLETED IN FULL & FILED WITHIN 2 DAYS OF RECEIPT OF SHIPMENT/ORDER. TWO MORE APPROVAL STAGES ARE REQUIRED, FIRST IF APPROVED YOU WILL BE SENT AN RMA NUMBER TO SHIP IT BACK, IF NOT APPROVED YOU WILL RECEIVE NOTHING. WHEN THE AUTHORIZED PRODUCT IS RECEIVED BACK & INSPECTED A DETERMINATION WILL BE MADE. IF FOUND COVERED THE PRODUCT MAY BE REPLACED, IF FOUND NOT COVERED THE ITEM WILL BE DISCARDED. TIP, WHEN FILLING OUT THE RMA REQUEST TRY TO ARTICULATE FULLY & COMPLETELY IN A MANNER THAT ANYONE CAN UNDERSTAND. INCOMPLETE OR VAGUE FORMS WILL BE MARKED VOID.
(R1) RETURNS & DEFECTIVES POLICY: In General there are No returns or refunds: If you have a defective item you may be eligible to return it to the manufacturer for replacement, exchange or other. We may at our sole discretion examine your alleged defect within the stated time period below only at our sole discretion: Please See Full Limited Return Policy Before Filling out RMA Form . The decision on whether an item is defective is by us. There are No Returns Allowed without a Written Authorization from us. Do not send anything to else without an authorization or it may be refused or discarded with no refund or credits back. Never refuse a package because you will not be refunded or credited back. Please note that any returns are at our sole discretion only. Please note: all services, items or products will be a final sale that is non-refundable and cannot be returned or exchanged, most items are covered under the manufacturer’s warranty. Click here for the manufacturer contact list.
(R1A) No Returns, No Credits or Refunds on any Product Compatibility issues, wrong items purchased, double ordering, multiple ordering, unwanted items, close out items, sale items, discontinued items are not returnable or refundable.
(R1B) All Sales Final: ALL SALES ARE FINAL PERIOD. NO REFUNDS ON ANY ITEM OR SERVICE. Especially All closeout, sale items, discounted items, discontinued products, Cell Phones, Computer products or accessories, GPS units, memory, software and all other items, products or services cannot be returned, credited back, refunded and all sales are final and non-refundable. Further note: We will not & cannot accept the return of any items that are due to: shipping, safety, health, licensing, regulations, policy and/or legal issues.
(R1C) Proof of Purchase: Actual copy of Emailed "Paid & Shipped Receipt" is required by the customer for any and all returns, defects, warranties and all other situations. This is the only acceptable Proof of Purchase we will accept. No Exceptions.
(R1D) All APS Cellular sales are final, non-creditable, non-refundable, non-exchangeable, non-returnable. Meaning No Returns.
(R2) No Returns, No Credits, No Refunds, No Disputes, No Claims, No Cancellations of Orders: Including Claims for Defects and or Warranty on the following: All APS Cellular sales are final, non-creditable, non-refundable, non-exchangeable, non-returnable. Unless otherwise noted, all products sales are final, defects, warranty and support is provided by the manufacturer's warranty if applicable (most OEM Original products are warranted against defects by the individual manufacturer’s warranty, which varies by manufacturer). DOA. Certain Dead on Arrival may be covered by us, you must contact us within 48 hours of receipt, OEM Original Products are Covered by the Manufacturer Only. (Certain defects, see policy for terms & eligible items). Customer is responsible for all shipping charges all ways if returned. Missing or incorrect products must be reported to us within 48 hours of receipt. No Exceptions. We are the only ones who will determine facts, defects, no fits, etc. We will conduct our own testing or investigations to all matters. Proof of Purchase for the returns, DOA's & all other requests Required, that is your actual "emailed paid & shipped" invoice with the tracking number only! Order Confirmations or credit card statements are Not acceptable. Exact name match for order required. Burden of proof is on the customer with the above info only. There will be no warranties, credits, no refunds or returns from minors, this includes use of products or even if ordered by an adult. False, untruthful, deceit or any type misleading information, ordering information or any other type of untruthful statements will be considered fraud, will void all warranties, void any type of credit(s), void any refunds and all other request as well as leave you liable for your actions. Close Out items, Sale Items, Discontinued products carry no warranty and are not refundable, returnable, creditable or other. A completed & authorized & approved RMA form is required for all returns if accepted. No Exceptions! All wrong or DOA products shipped by APS Cellular, Inc. Customer must complete an RMA form and get approval and acceptance from us with directions before returning any products. The Use of DOA must be DOA (Dead On Arrival), if this is used for a claim it shall be denied. No Claims for any reason will be accepted for any return after 7 days. APS Cellular, Inc. reserves the right for No Returns and No Refunds on any item, product, service or other.
1. Any & All Shipping & Handling Fee's are non-refundable.
1A. Shipping & Handling is never refundable in any incident, return, dispute, chargeback or any other.
1B. All related fees including shipping, handling, postage & return shipping fees are NON-REFUNDABLE for all products & services in all cases.
2. Any incompatibility issue or lack of compatibility issues.
3. Damage or malfunction resulting from accident, abuse, modding, over clocking, misuse, power surge, fire, water or other acts of nature, product modification, or any other or failure to follow instructions supplied with the product.
4. Alleged condition is a result of neglect, unauthorized or improper alternations, modding, repairs, improper care, accidents, disaster, weather or transportation.
5. Installation or service by a minor, non-professional person or unknowledgeable technician or person.
6 . Wrong products ordered or other. Non-Deliverable and / or Un-insured orders.
7. Any sale items, any discount items, any close outs, promotions or specials.
8. For Claims for shipment damage from shipping carrier, non-receipt of product, any shipper or carrier error, weather damage was visible or not.
9. Claim defect or defect for any OEM Original Products (please contact the manufacturer) Click here for phones & links
10. Unwanted or unneeded parts, unsatisfied with order or products, customer ordering error or Unwanted or unneeded accessories or any other reason.
11. APS Cellular, Inc. will not honor requests for exchanges under any circumstances.
12. APS Cellular, Inc. reserves the right for No Returns and No Refunds on any item, product, service or other without reason or notice.
(R2A) All products or items that are damaged, defective, or need warranty repair are the responsibility of the manufacturer, please contact them for assistance.
(R2B) The Actual Emailed "Paid & Shipped Receipt" or "Shipped Paid Receipt" from us is required as Proof of purchase by the customer for any and all returns, defects, warranties and all other situations if a return is allowed. This is the only acceptable Proof of Purchase we will accept. No Exceptions. (R3) Please Read The Return Policy Before Filling out RMA Return Form: All products or items that are damaged, defective, or need warranty repair are the responsibility of the manufacturer, please contact them for assistance. No returns will be accepted without a return authorization number (RMA number) from us. Charges & Fees are not refundable or transferable. (R3A) Important: If you have received an accessory, part, item or other and you think it is defective, please contact the technical support department at the manufacturer before you contact us for an RMA number for return. More than 99% of our returns turn out to be working after our technicians tested them. We do not guarantee any product or accessory against incompatibility since we do not know your phone, product, use or other so please check with the manufacturer to find out if the product you want will work with your system. This is your responsibility. Any non-defective item that was claimed to be defective by the customer will be shipped back them with a technical service fee and a shipping and handling fee. A technician’s service charge fee will be charged to your credit card (your expense) for having the item examined / tested. All products or items that are damaged, defective, or need warranty repair are the responsibility of the manufacturer, please contact them for assistance.
(REF) Refund Policy: No Refunds, All sales are final, No refunds, No returns, No credits. We keep our product markup very very low, we do not carry the usual markup policy other stores have to include time & expense for returns & refunds. Please note that most products are covered under the manufacturer’s warranty & support if you need it. APS Cellular, Inc. reserves the right for No Returns and No Refunds on any item, product, service or other without reason or notice.
(NRP1) No Returns on all products and especially all or any of the following products: Flashing or Light up Items, antennas, batteries, belt clips, Cables, Data cables, Data Kits, Ear Sets, Ear Buds, Any Software, Headsets, Holograms, any Stick-on item, Batteries, Belt Clips, Cases, Cell Phones, Chargers, Discontinued items, any type of Electrical items, All Face Plates, Faceplate covers or clip on covers or housings, Face Plates, Housings, Covers, Ear Buds, GPS Units, Hands Free Units, Headsets, LED's, all Memory Products, Sim cards, tools, two way radios, Two way radio accessories, services, data cables, software, flash drives, cases, faceplates, covers, clip on cases or covers, novelty items, or any Other Item unless it is stated in that particular ad. We will not accept any open items unless defective, using the stores policies & terms. If the Return is per Store Policy you MUST get a RMA Return Authorization Number from us FIRST. This RMA Number must be written clearly on the outside of the package or the item will NOT be accepted by us. You must ship it well packed and have a tracking number, not a delivery confirmation number. Do not ship anything back to us without an approval & authorization number. Customer is responsible for all shipping & handling fees. Do not use a signature method of shipping to us, it will not be accepted.
(NRP1A) No Guarantees or Warranties through us unless listed in the ad itself as APS Cellular Inc. Specifically stating it. . Please follow the instructions above, No exceptions.
(NRP1B) APS Cellular, Inc. reserves the right for No Returns, No Refunds, No Credits, No Exchanges on any order, item, product, service or other without reason or notice.
(NRP2) No returns on any Specials, Discounted items or products, Specialty items, Special Orders, Discontinued items, Close Out Sales, All sales final items, Promotional items, or Sale items. No returns on ANY software, flashing products, Chargers, GPS units, Memory, data cables, data kits, OEM Original products or similar, USB, Infrared, data equipment, any type of electrical item, computer type accessories, face plates, covers, housings, plastic parts, housings, antennas, batteries, chargers, software, memory, GPS units, Cell Phones, electronic devices, stick-on accessories or any other item unless specifically stated in that particular ad.
(R3) APS Cellular, Inc. reserves the right for No Returns, No Credits, No Exchanges and No Refunds on any order, item, product, service or other without reason or notice.
(R4) All Authorized Returns must use the RMA Return Form to obtain a RMA # before returning your product(s). If we approve your RMA for the "return" you will be given authorized Return RMA # and proper return address information. This does not mean your return was approved or be refunded! All returns must have the RMA# clearly on the outside of the package, Attn: Returns Department. Our Returns Dept must receive all products within 10 days of RMA# issuance, all packages must have a "Tracking Number" (no signature) as valid proof (no other means or receipts are accepted). No Returns Accepted without an Approved Authorization Number from us.
(R5) All items must be returned new with original packaging & 100% complete, including all parts, warranty cards, manuals, blisters, accessories, components, barcodes, labels, etc., along with a photocopy or printout of the original emailed "Paid & Shipped" receipt with confirmation number. Sorry but no exceptions.
(R6) Proof of Purchase: You must provide an Actual Copy of our "Paid & Shipped Invoice" we provided you by Email and/or in The Package. No Other Means Accepted as Proof of Purchase including credit card statements to Return Any Item, Product or Service.
(R7) Returned Merchandise Inspection: If a 'Return is Accepted" All returned merchandise may be tested & inspected to insure that the above-mentioned requirements are met and or are defective. Any merchandise that is received opened, with missing parts or is damaged and or not in a re-sellable condition, is subject to a minimum 35% re-stocking fee, refusal charge, or may be discarded or sent back to the customer at their expense. Any non-defective item that was claimed to be defective by the customer will be shipped back them with a technical service fee and a shipping and handling fee. A technician’s service charge fee will be charged to your credit card (your expense) for having the item examined / tested. APS Cellular, Inc. reserves the right for No Returns and No Refunds on any item, product, service or other without reason or notice.
(R8) Shipping and handling charges subject to change and are non-refundable on all occasions. As stated at checkout shipping / handling pricing shown may not be accurate and may be recalculated at time of the actual shipping. You agree that APS Cellular, Inc. may charge you additional shipping / handling costs without notice, this shall also include anytime or in the future after the package is shipped as well (for address corrections, rerouting, rural areas and or any other reason), you further agree that APS Cellular, Inc. shall change shipping methods and / or carriers for delivery of your order and may involve additional costs to the customer without notice.
(R8A) APS Cellular, Inc. reserves the right to recover additional shipping charges / costs caused by an incorrect address, refusal, non-deliverable, undeliverable for any or no reason, Carrier errors including Fedex, USP UPS, DHL Errors, delivery address change by the receiver or any other reason after the shipment has been made. The customer is responsible for tracking or obtaining delivery status on there order. APS Cellular Inc Shall not be responsible for others neglect, negligence, oversight, error, and or responsibilities of others.
(R8B) Shipping / Handling Charges will be calculated & added to your order total when we actual prepare your order for shipping or any future time after shipping has been done. Additional Shipping & Handling Charge Adjustments for Non-Continental USA Addresses will be additional charges to the currently displayed charges shown on checkout pages. Non-Continental USA Addresses including: HI, AK, PR, GU, and VI, and other Locations.
(R8C) We reserve the right to change the shipping carriers, methods, names, address, prices without notice before or anytime after shipping. We reserve the right to change shippers, methods, pricing and or other without notice.
(R8D) The customer is responsible for insurance and or return merchandise insurance and shipping charges for all occasions.
(R8E) Shipping & handling fees are never refundable or disputable in any occasion including any incident, disputes, chargeback’s, stop payments or any other. This includes all in warranty products or defective merchandise. All related fees including shipping, handling, postage & return shipping fees are NON-REFUNDABLE for all products in all cases. Shipping / handling costs are the responsibility of the customer unless the return is because of our error.
(R8F) Shipping costs for any return of merchandise due to our mistake will be covered by us. Shipping / Handling Charges will be calculated & added to your order total when we actual prepare your order for shipping or any future time after shipping has been done.
(R8G) Additional Shipping & Handling Charge Adjustments for Non-Continental USA Addresses will be additional charges to the currently displayed charges shown on checkout pages. Non-Continental USA Addresses included: HI, AK, PR, GU, and VI, and other Locations. Shipping / Handling Charges will be calculated & added to your order total when we actual prepare your order for shipping or any future time after shipping has been done. We reserve the right to change the shipping carriers, methods, require insurance at your expense, require a signature or other as well as shipping / handling prices without notice before or anytime after shipping.
(R8H) Shipping / Handling: We reserve the right to change the shipping carriers, methods, require a signature, require insurance at your expense, and / or Shipping /Handling costs / pricing without notice before or anytime after shipping.
(R8I) Non-Payment Notice: Any customer whom does a stop payment, retracts payment, holds payments, chargeback, dispute, any form of stop payment or any other method of non-payment due to a shipping / handling dispute or claim may be fined $5000.00 plus service fee, payment may be charged to the customers charge card, if not collectable the debt may be sent to collections or collections agencies / attorneys and / or reported to the credit bureaus as being a delinquent and our privacy policy shall be null & void.
(R9) Customer Orders / Packages that are Refused, non-deliverable, undeliverable, not accepted for any or no reason, weather due to carrier error, loss, theft or any other and all other unauthorized returned packages may be discarded and you will not be refunded or credited back in any form weather we accepted the package or not.
(R9A) Order Returned to Sender: If your order is returned to us by DHL, UPS, USPS or other carrier because the delivery was non-deliverable, bad or invalid address, moved, rejected, refused, just return, unclaimed, address you provided on your order was incorrect, the return shipping fees charged to us by the shipper, you shall be liable for plus our processing fee. Shipping & handling fees are non-refundable in all occasions weather you refused your order or it was undeliverable. If we have your order and you want us to re-ship your previously undeliverable order and it is going to the actual credit card holders or PayPal’s verified name & address and only if we approve it and still have your order (if not its loss), we will only do so after charging your credit card for additional shipping & handling fee's. Please note we reserve the right to refuse or discard any returned back to us undeliverable type package at your expense. If you follow the check out instructions and know your actual name and address this should not effect you. Further Note the customer shall be responsible for any "forwarded, rerouted, or other type of address change", before or during an attempted delivery of your package, weather by you or the shipper. We may not know of it for a month or so, but when we find out we have been charged by the shipper for this you shall be charged for the fee's we incur plus processing fees. These fees again could have been avoided by you providing the actual / correct billing name & address the bank has on file when you place your order. All address related change fees will be passed on to you, plus service fees and charged to the credit card you used to place your order. It shall be our sole decision in these matters.
(R9B) APS Cellular, Inc. reserves the right for No Returns, No Credits, No Exchanges and/or No Refunds on any item, product, service or other without reason or notice.
(R10) We reserve the right to refuse a return on any order, product or service that does not meet these requirements or for any other reason. APS Cellular, Inc. reserves the right for No Returns and No Refunds on any item, product, service or other without reason or notice.
(R11) No returns, no credits, no refunds, no exchanges allowed on any "Discontinued Product, sale products, discounted products, wholesale products or any other items". APS Cellular, Inc. will not honor requests for refunds, credits, exchanges or any other under any circumstances.
(R912) You the Buyer, Viewer, Browser or other agree by ordering or using APS Cellular Inc Web sites or other to hold APS Cellular Inc Harmless & non-liable for any & all errors, oversights, neglect, negligence and or responsibilities of others including but not limited to: the buyer, any and all shipping carriers and or others.
(SABSF) Shipping Address's & Billing / Shipping Fields at checkout: We want you to get your order as soon as possible, please follow the simple online checkout instructions. To expedite your order please fill out all fields correctly, in proper case, proper abbreviations, full first & last names, full street address, etc. Further note the shipping field at checkout is actually the "Billing Field/ Shipping field", so please put your "Billing / Shipping information" in their exactly as your banks file has your billing address! Again we only ship to the card holder’s actual billing address the issuing bank has on file! Any deviation from the simple instructions will delay your order and possibly add additional charges to your credit card for our additional work to correct it. Why are we bringing this up? It costs a lot of time & effort to get this information! As well as over 25% of the our customers orders do not follow the instructions!
(ADSC) Orders are shipped to the Card Holders primary billing name & address location that's listed with the issuing banks file only! Alternate names or address or other address attempts may be charged a service fee for corrections.
(ADSC1) We Ship To Only The Card Holders Actual Name & Actual Primary Billing Address from The Banks Statement or PayPal's Verified Address Only! It’s our Store Policy as well as the banks regulations to Ship Customer Orders to Only The Credit Card Holders Primary Name & Address Location, From and listed from the issuing banks file only! (That’s if you provided it only!).
(ADSC2) Alternate Address Charge: Any Customer who uses an alternate name and / or address with their primary address will have their order shipped to the credit card holders actual listed primary address location that's listed with the issuing banks file only! We Reserve the Right to Charge you an Additional Extra Fee to Do This without notice, will charge your credit card or other for the charge.
(ADSC3) We reserve the right to charge an additional transaction fee charges to your credit card for: Service / Address Corrections, for any customers order that's using or attempting to use any alternate addresses, typos in address fields, wrong or improper characters, typing in incorrect information in fields when ordering, changing address fields, backward or reversed addresses, misspellings in; street names, roads, cities, towns, improper abbreviations, using all caps when typing, improper use or non-use of proper capitalization or any other.
(ADSC4) We reserve the right to charge an additional transaction fee charges to your credit card for any customer that uses multiple addresses in any address fields, or other fields requiring actual car holders primary address location that's listed with the issuing banks file only!
(ADSC5) Failure to specify or proper Street, Road type, Apt or Suite after street address and / or incorrectly specify the type and / or other issue. Failure to advise us of any address issues or Improper use of customer provided information will cause manual look up of full address and / or other that may be subject to additional charges to the customer’s credit card for our work performing the correction. Additional charges may be added to your account when your order is actually being processed, shipped or anytime before or after delivery.
(ADSC6) We may require to add additional shipping / handling / insurance / office, re-routing or other charges to your credit card / account when your order is actually being processed, shipped or anytime before or after delivery (no time limit).
(ADSC7) Customer is Responsible for Proper, Accurate, Factual Ordering Information: It’s thee customers responsibility / liability to order correctly, type correctly, put information in the proper fields and to have the correct, accurate, truthful information for their credit or PayPal accounts in order before ordering! The buyer agree's authorization for extra charges for any additional work, issue, shipper issue or other.
(ADSC8) We are the only ones that will make a decision on what the customers actual credit card holders primary address location that's listed with the issuing banks file. No Exceptions!
(ADSC9) ADDRESS: We only ship to validated USPS Post Office Addresses. The address you provide must be the exact address & format/ listing that the USPS Post Office uses for your address . We Reserve the Right to Charge you an Additional Extra Fee to Do This without notice, will charge your credit card or other for the charge for doing this work. Again: We only ship to validated USPS Post Office Addresses in their format / listing.(C s1) Court Time: If you bring us to any court, any hearing, any trial, summons to any place or any other place you agree to pay a $10,0000 00 Fee to us and our all of our legal fees at $575.00 an hour and a separate fee for each representative from our company or attorney(s) at the rate of $1500.00 an port to port. This money is payable on demand from us. Please note you agree that all court cases, arbitrations, hearings or other will be held in Middlesex County, MA. If any of our terms are not valid or legal, the remainder of all other terms and conditions will still exist.
(PR s1) Proof of Purchase Required: The Actual Emailed "Paid & Shipped Receipt" or Received "Paid & Shipped Receipt" is required by the customer for any and all returns, defects, warranties and all other situations. This is the only acceptable Proof of Purchase we will accept. We will not look up any order. No Exceptions.
Wholesale Orders - Dealer & Retail Store Orders - Resellers - Sale Merchandise - Closeout Product Sales - Discounted Orders
(W1) All wholesale orders, wholesale customer orders, dealer orders, any type or reseller orders, all discounted orders, all discounted sale products, all lower priced for any order, any & all customer orders & all closeout product sales are final, no returns, no credits, no refunds, no exchanges & no support or warranty. Please Note: All wholesale products/orders/merchandise that are sold to resellers, dealers or others are for purpose of reselling only. Technical support to buyers or end-users and consumers are to be provided directly from resellers, not us. Please contact the manufacturer for all support issues or any warranty. Support inquiries relating to usage and compatibility will not be fulfilled at any level.
(ST1) SHIPPING TERMS / POLICY: We Only Ship To Credit Card Holder’s Actual Billing Name & Address, No Alternate Addresses. PayPal Orders: We Only Ship To The Verified Billing Name & Address That PayPal Provides Us, No Alternate Addresses. No Exceptions.
(ST1A) Shipping, Prices & Policies All Orders. Shipping / handling charges may vary depending on size and weight of products ordered and your geographic location. We can only calculate shipping / handling charges as estimates automatically online when you check out. Extra weight, handling charges, oversized, insured, signature service required and / or other is an additional fee and may apply additionally on some orders and will be calculated when your order is actually processed (not at checkout). Please note that we do not deliver your products and that shipping carriers such as FedEx, UPS, USPS, DHL, etc actually deliver your products, we cannot be responsible for their actions or lack of actions, incidents, non-delivery, damage or any other liability. We always recommend selecting an "insured method" of shipping that you can select for insurance or not select one and the liability is on you and not APS Cellular, Inc. or Products will only be shipped to the credit card holder’s actual billing name & address. Shipping cost at check out is provided for estimation purpose only due to the shopping carts limitations, so additional shipping charges may be made to your order when processed or at a later date. APS Cellular, Inc. Reserves the right to change shippers, shipping methods, add or subtract additional shipping & handling costs / prices at anytime, even after the order has shipped at our sole discretion. APS Cellular, Inc. reserves the right to recover additional shipping charges / costs caused by an incorrect address, refusal, non-deliverable, delivery address change by the receiver or any other reason after the shipment has been made. The customer is responsible for return merchandise insurance and shipping charges for all occasions. Shipping & handling fees are never refundable or disputable in any occasion including any incident, disputes, chargeback’s, stop payments or any other. This includes all in warranty products or defective merchandise. All related fees including shipping, handling, postage & return shipping fees are NON-REFUNDABLE for all products in all cases. Shipping / handling costs are the responsibility of the customer unless the return is because of our error. Shipping costs for any return of merchandise due to our mistake will be covered by us. Any customer whom does a chargeback, dispute, stop payment due to a shipping / handling dispute shall may be fined $5000.00 service fee, payment will be charged to the customers charge card, if not collectable the debt will be sent to collections / attorneys and / or reported to the credit bureaus and our privacy policy shall be null & void. All related fees including shipping, handling, postage & return shipping fees are NON-REFUNDABLE for all products in all cases. The shipping carriers are not obligated to telephone recipients prior to delivering packages, and we cannot guarantee the time of delivery. Orders shipped to Hawaii, Alaska, or other may have additional costs. Shipping cost from selected carrier and shipping method will be applied / charged to you final invoice total and the final invoice will be attached or emailed to you. No Exceptions. Please note that shipping / methods selection and insurance is the responsibility of the customer, period. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason. We ship to most US Destinations only. Sorry we no longer ship to: APO/FPO address, military bases and some other locations.
(SOATF) Shipping or Order Availability Time Frames are Estimates Only: APS Cellular, Inc Always strives to get your order out quick! Our priorities are to our repeat customers, business, commercial accounts and wholesale orders. Most orders after "our order processing" usually ship in 2 to 10 business days (weekends & holidays excluded) while some orders may be up to 45 days due to the extremely fast pace of the electronics industry, manufacturer or distributor delays, which may include hold ups at customs or other. Special or "pre-orders" products can be 90 days. Holiday seasons, special sales, or other may be longer, so please order early. If you need your product or item faster than please use the "Rush Order" method available at checkout under shipping methods, if the products in stock it usually ships the same day. Please Note that 2 day Air, 3 day Air or Priority Mail is a "Shipping Method" and is Not a "Rush Order". 2 day Air, 3 day Air or Priority Mail is only the "Shipping Method" to be used after your order is "processed". You can always contact us prior to ordering for a stock status and or shipping time frame for an order, we will try our best for you! We reserve the right to change "Shipping Methods, Shipping Carriers, Shipping Prices (before during, or after shipment) without notice". APS Cellular, Inc. is not responsible for any order delays, any shipper issues, shipper delays, shipper transit time, processing delays, hold ups, shipping delays or any other that may occur. You the buyer agree that APS Cellular, Inc. shall not be responsible for any shipper issue and shall not refund any shipping & Handling Fee. Canceling of an order before shipping may incur a service charge to the customer (please see other paragraphs on this page). The Customer agrees by placing an order or by ordering that you shall be bound by these terms & conditions in full.
(SOATF1) Buyer Agree's that No Shipping & Handling Refunds or Reimbursements in any way form APS Cellular, Inc.. Further you the buyer agree that APS Cellular, Inc. does not refund any or part of any Shipping & Handling Cost for any Shipper Issue.
(SOATF2) The Buyer Agrees that Frequently Shippers (DHL, FedEx, UPS, USPS, Others) Try to pass their problem, issue or other back to APS Cellular, Inc., you the buyer agree to hold APS Cellular, Inc. harmless & not liable for any shipper, package, damage, loss, delay or any other shipping or delivery issue.
(SOATF3) No Responsibility & No Refunds on Shipping & Handling Fee's: You the Buyer Agree that APS Cellular, Inc. Shall not be responsible for any shipper issue, shipment delay, loss, damage, refund, credit back to the customer, the responsibility is that of a shipper or third party and your issue is with them
(SW1) Important Shipping Signature Waiver: We give you several options of shipping your package and suggest a "Signature Required & Insured" methods for shipment. Why all this fuss? The credit card companies require a "signature" for delivery as proof of delivery. A lot customers have told us that a "Signature Method" of shipping is very inconvenient because they work or not a home much. We agree with our customers and suggested to them that they have the Post Office "Hold the Package for Pick Up" at the USPS Post Office or UPS so they could pick it up when it is convenient to do so, or make other arrangements. We strongly advise a "Signature Required" methods for shipment per the Credit Card Companies Policies. But If you do not want to opt for a "Signature Method & Insured " of shipping we will Not Be Liable or Responsible for any Delivery issue including: Unclaimed, Pilferage, Loss, Never Received or any other in any Circumstance, You accept full responsibility for shipping without a "Signature Method" of shipping and will refrain from any stop payment, nonpayment, chargeback’s, disputes, retraction or any form of non-payment to us for the goods you ordered and may have not received. If you did not receive your package and there is a delivery confirmation number showing delivered, you must call the shipping carrier & the Police to report it as "stolen", file a written police and contact your bank. We may request a sworn affidavit from you and copy of the police report and you must provide it to us. Please note that shipping / methods selection and insurance is the responsibility of the customer, period. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason.
(SW1A)Shipping & Signatures: By selecting a Non-Signature & non-Insured Method of Shipping you are Waiving your Rights to stop any payment to us, the Credit Card Company's Policy of signature required for delivery, in other words you cannot call or write your credit card company and do a chargeback’s, dispute payment, stop payment, reverse charges or deny payment in any way to us for not getting your order, this is an agreement. Please note we may require a "Signature Method", "Insurance", A Different Shipping Method and / Or Shipping Carrier for your Order. Sometimes on certain orders may raise a fraud flags or at our discretion, and this may possibly incur you to additional service/shipping/handling cost added to your credit card with or without notice. We are not trying to add little extra fees but just want you to get your package! Some orders may require a signature for delivery per your request or ours. We are not responsible for the failure of the shipping / carrier / driver to demand this. he customer is responsible for providing the accurate delivery details (valid email address, delivery address, contact number and the intended recipient), if we have to correct your address due to typo's, wrong information, missing information, wrong information, alternate address, non-verified address, or other you will be charged for an address correction fee which is an additional charge to the customer. APS Cellular, Inc. will not be responsible for lost, missing, damaged, never received or misdirected shipments, please make a claim with the shipper.
(SW1AA)The customer agree's that it is their responsiblility to make arrangements for to accept delivery, using the order status system to check on their orders (do not depend on emails for notification, they may not be reliable) and contacting the shipper for any issues, the customer agrees to hold APS Cellular, inc., harmless and not liable for any shipment issues, delays, transit delays, order issues, including but not limited to; Damages, not received, late, not on time, transit delay, transit issue, delivered to wrong address, not delivered and any other issue. Please note that shipping / methods selection and insurance is the responsibility of the customer, period. If you do not opt for an "insured method" of shipping you have 'no insurance" and no claim with APS Cellular, Inc and / or your bank. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. We reserve the right to change shipping methods, shipping carriers, require signature & insurance or other at your expense without notice. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason. If you do not agree do not order.
(SW1B) No Package or Order and / or Package Signed by Another Person: If you had requested a signature and some one other then you signed for your package and you do not have your package. You Must Call the shipping carrier & the Police (a written police report must be filed)! A crime was possible committed! By not reporting the incident you may be possibly committing a crime in your state! Please do the right thing and make the notifications as suggested by us. We may request a copy of the police report and sworn affidavit that you must provide it to us. Claims for missing accessories or product not as advertised must be reported within 5 days from the date item is shipped. APS Cellular, Inc. Is Not Responsible after we have shipped the package, All liability is own the shipper or the customer. Please note that shipping / methods selection and insurance is the responsibility of the customer, period. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason. There will be no credits or refunds for the shipper /carrier’s negligence or any other reason. By ordering you agree with our terms.
(SW1C) Customer Selects No Signature or No Insurance an at their own risk shipping method: By selecting a Non-Signature & non-Insured Method of Shipping you are Waiving your Rights to stop payment, the Credit Card (or any bank or other payment method) Company's Policy of signature required for delivery, in other words you cannot call or write your credit card company (or any bank or other payment method) and do a chargeback’s, dispute payment, stop payment, reverse charges or deny payment in any way to us for not getting your order, this is an agreement. Please note we may require a "Signature Method" for shipping per our policy on certain orders or at our discretion that may possibly incur you additional service/shipping/handling cost to you without notice. We are not trying to add little extra fees but just want you to get your package! Deliveries may require signature per your request or ours, APS Cellular, Inc. is not responsible for the failure of the carrier to demand this. Please note that shipping / methods selection and insurance is the responsibility of the customer, period. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason. The Buyer fully agrees with our policy and will be held accountable for any stop payment or dispute of charges, and further authorizes APS Cellular, Inc. to charge their credit card as needed for all costs and expenses occurred by this.
(SW1D) Customer Agreement & Responsibility: Customers are responsible for facilitating proper delivery by the shipper / carrier. The customer will contact the shipper / carrier for any & all claims or issues and not us (unless it was an insured shipment). The customer agrees not to "re-direct", "forward" or "any other term " to change the destination of the package at anytime, violators authorize APS Cellular, Inc to charge their credit card as needed to cover all costs associated with redirecting any package, this will include shipping costs, office fee's & other charges. Customers agree to report lost, missing, Never Received or damaged shipping claims to APS Cellular, Inc. within 5 business days of receiving Shipping / Tracking / Delivery Confirmation Number from email or web site tracking status page (proof of contact required). Failure to do so results in the forfeiture of any possible remedy & liability from APS Cellular, Inc. Please note: if you used USPS Postal Shipping Methods You Agreed to Use This Method at Your Own Risk And We Are Not Liable. UPS Signature Methods are the Only Insured Methods. If you never received your package be sure to contact us so we can try to assist you. Claims for missing accessories or product not as advertised must be reported within 5 days from the date item is shipped.
(SW1D1) We Require a sworn affidavit from you as well as a police report and you must provide it to us. Shipping & handling fees are never refundable or disputable in any occasion including any incident, disputes, chargeback’s, stop payments or any other. Please note that shipping / methods selection and insurance is the responsibility of the customer, period. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason. Failure to provide us the sworn affidavit, police reports, or any other information shall void any claim against APS Cellular, Inc.
(SW1E) Shipping / Handling fees or charges are not refundable, reimbursable, returnable or creditable on all occasions, including; all refused orders, unclaimed orders, not home, moved, address changes, undeliverable shipments for any reason or no reason, defects, credits, exchanges or any other reason or no reason. No exceptions. Shipping / handling charges may vary depending on size and weight of products ordered and your geographic location. Adjustments in shipping & Handling costs may be adjusted when your order is packed and shipped or anytime after shipping, on other incidents, including re-directs (redirecting package(s) to another location) and other, you authorize us to charge your credit card as needed if required at anytime. Shipping / Handling Charges will be calculated & added to your order total when we actual prepare your order for shipping or any future time after shipping has been done. Additional Shipping & Handling Charge Adjustments for rural areas, Non-Continental USA Addresses will be additional charges to the currently displayed charges shown on checkout pages. Non-Continental USA Addresses including: HI, AK, PR, GU, and VI, and other Locations. Please Note: We reserve the right to change the shipping carriers, methods, prices without notice before or anytime after shipping. We reserve the right to change shippers, methods, pricing and or other without notice. Signatures may be required on some orders. APS Cellular, Inc. reserves the right to recover additional shipping charges caused by an incorrect address, redirects, rural area charges, delivery address change by the receiver after shipment has been made or any other. Shipping & handling fees are never refundable or disputable in any occasion including any incident, disputes, chargeback’s, stop payments or any other. Please note that shipping / methods selection and insurance is the responsibility of the customer, period. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason.
(SW1F) Shipper or Carrier is Liable for Deliveries and Not APS Cellular, Inc. You agree that APS Cellular, Inc. is not responsible for any shipper or carriers actions or lack of actions, package damages, no package delivered, package / order / package never received or any other in any matter regarding to delivery of your order. This will include any delivery matter, including not getting the recipients signature, proper signature, mistaken recipient or getting another's signature, ms-shipments, wrong address and not the actual customers signature. APS Cellular, Inc. will not be liable for any action by the shipper, company or carrier. Please note that shipping / methods selection and insurance is the responsibility of the customer, period. No Insurance, No Claim, No Refunds. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason. By ordering from us this is a legal agreement. Violators of Re-Directing Packages will not be refunded or credited back for any monies or other and will pay for any re-direct charges or other incurred charges. Please contact the shipper for any & all issues. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SW1G) We do not deliver orders: Please note we do not delivery your order, the shipping carrier does, please contact them for any delays, non-delivery, loss, non-receipt, mis-delivery, wrong delivery, any damages, any claims or any other situation, the shipper is liable for any & all issues, not us. You agree to hold APS Cellular Inc of any & all claims that are from "Carrier/ Shipper" issues and / or out of our control. Please do not leave comments to "leave in backyard", "go to 15th floor", "ring bell several times", etc, this not acceptable. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SW1H) Re-Directing Packages: It is against our policy for the customer to Re-Direct (have the shipper ship package else ware) any order or package. Violators of Re-Directing Packages will not be refunded or credited back for any monies or other if any type of problems occur. APS Cellular, Inc. reserves the right to recover additional shipping charges caused by an incorrect address, redirects, rural area charges, delivery address change by the receiver after shipment has been made or any other. The customer will also be liable for any shipping costs we incurred due to a "Re-Direct" from the shipper as well as our office costs to process payments, information or other, we will charge your credit card for all costs and expenses involved.
(SW1I) Shipping Method Change: APS Cellular, Inc. reserves the right to change the customer’s order name and/ or shipping methods/ handling methods / shippers / carriers used for delivery and / or prices, require a signature or package insurance without notice. Shipping / handling charges may vary depending on size, weight of products ordered, bulk or retail packaging, package or packages dimensions, shipping dimensions, rural areas, geographic location, shipping carriers, shipping methods and other parameters. Shipping & handling fees are never refundable or disputable in any occasion including any incident, disputes, chargeback’s, stop payments or any other.
(SW1J) Shipment Insurance: Shipment insurance is made available very inexpensively with certain shipping methods at checkout. If you do not use a "Insured Method of Shipping " You Get No Insurance! Shipping insurance may cover: Damage, non-delivery, no notice, loss, non-receipt, mis-delivery, theft, wrong delivery, any damages, certain claims or other situations. The insurance is usually provided by the shipping company, i.e., UPS , FedEx, DHL, USPS. Please note that the actual shipping company / carrier is liable for all claims since they are ones handling, transporting & delivering the package(s). You agree to hold APS Cellular, Inc. non-liable & harmless for any or all claims, loss, damages or any other. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SW1K) No Liability or Refunds on Delivery Issues: APS Cellular, Inc. will Not Be Liable, Responsible or refund any order for any type of Delivery issue including: Unclaimed, Refused, Loss, Theft, Mis-Delivery, Non-Deliverable, Carrier/ Shipper Issue, Pilferage, Loss, Never Received, Carrier or Shipper errors including but not limited to: All errors, acts or omissions, damage, loss, negligence, never informed, not delivered or any & all other in any circumstance. If you do not opt for insurance you agree to hold APS Cellular, Inc Harmless of all claims. We further reserve the right to change shippers and / or shipping methods at your expense. Damage, non-delivery, no notice, loss, non-receipt, mis-delivery, theft, wrong delivery, any damages, certain claims or other situations. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SW1L) USPS Post Office PO Box Shipments: It is the customers responsibility to check with the USPS Post Office personnel for their orders / package and / or notices. The USPS Post Office is liable for all claims since they are ones handling, transporting & delivering the package(s). If you do not choose to select an "Insured Shipping Method with Insurance" You Get No Insurance! You agree to hold APS Cellular, Inc. non-liable & harmless for any or all claims, loss, damages or any other issue related to orders shipped using USPS Delivery Methods including but not limited to a PO Box delivery locations and or any other order delivery method or location. APS Cellular, Inc. non-liable & harmless for any or all claims, loss, damages or any other issues Including but not limited to: Damage, non-delivery, no notice, any loss, non-receipt, mis-delivery, theft, wrong delivery, any damages, certain claims or other situations. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SN1) Important Shipping Note: We may not know if you live in a house, building, suite, apartment, an office, college, school, dormitory or building with a thousand people, dorm or other. or if your mail gets delivered to a lobby, mail box, outdoor driveway box, rural location, or other, we will not be responsible or liable in any way for un-attended / non-secure mail / orders / packages left at any place or unclaimed that is not secure or can be stolen or lost easily! You should have your order/products /packages shipped with an optional signature & insured method or left at the Post Office or UPS for pick up! This is your responsibility when selecting a shipping method. We offer several different shipping methods with and without signature required and even UPS with free insurance, will not be held liable or responsible for any order / products / packages shipped without a signature & insured method of shipping due to the high theft & fraud rate. Whether you ever had a theft or not, leaving a package in a non-secure location is open to theft! There shall be no refunds or credits to any uninsured order regardless of the situation.
(SN2) Once we secure a tracking or delivery confirmation number showing that the order was labeled, shipped and left our premises, any and all liability and responsibility is on the shipper, not us. Please contact the shipper for any loss, damage, non-receipt of goods or any other delivery problem. If you did not receive your package and there is a delivery confirmation number showing delivered, you must call the shipping carrier & the Police to report it as "stolen". You had requested a signature, someone signed for your package and you do not have your package, Call the shipping carrier & the Police! A crime was possible committed! By not reporting the incident you are possibly committing a crime! Please do the right thing and make the notifications as suggested by us. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SN3) All offices, commercial names, commercial locations, colleges, dormitories, business, government, agencies, apartments, suites, PO Boxes and other vulnerable locations must select a signature method of shipping, or we may add an additional service fee/handling costs to your order for our services when it is processed, if discovered. Deliveries may require signature per your request or ours. We are neither responsible for the failure of the carrier to demand this. Shipping & Handling fees are not refundable or creditable on all occasions, including; all refused, not home, unclaimed, moved, expired forwarding, forwarding error, carrier failure or negligence, address changes, undeliverable shipments, defects, credits, exchanges or any other reason. We obviously cannot guarantee any delivery date or time for the shipper. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SN4) APS Cellular, Inc. reserves the right to recover additional shipping charges caused by an incorrect address, redirects, rural area charges, delivery address change by the receiver after shipment has been made or any other.
(SN5) Please note we cannot be held liable for any shippers tracking information / accuracy, delivery, non-delivery or any other issue, once we provide you a delivery confirmation number or tracking number, the package & liability is on the shipping carrier, not us.
(SN6) Please contact the shipper / carrier delivering your order for any & all issues because the liability is on them. USPS Delivery Confirmation: Sometime Provides date, time and place of delivery, This Is Not A Tracking Number! Note: Status information may be provided while the package is en route, but it is not a regular feature of the service. The USPS delivery confirmation service may not be reliable or available. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SN7) Customer is Responsible & Must make Their Own Arrangements for Receiving their Order for shipping carrier: Customers are responsible for facilitating proper delivery by the shipping carrier / company, failure to secure delivery on your end is your responsibility and you agree not to hold us liable for it or stop payment in any form or way. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SN8) Please note the shipper / carrier is the liable party after we obtain tracking number or any confirmation number. Shipping & Handling is not refundable or creditable on all occasions, including; all refused, not home, unclaimed, moved, address changes, undeliverable shipments, non-deliverable, defects, credits, exchanges or any other reason. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SN9) Shipping / Handling fees are subject to change when your order is actually processed or anytime after that without notice.
(SN10) We reserve the right to change shipping methods, carriers or other without notice. Signatures may be required on some orders.
(SN11) We obviously cannot guarantee any delivery date or time for the shipper. We cannot accept responsibility for any damages that are concealed.
(SN12) Please make sure your freight is acceptable when you sign for it. Once you have signed for your goods in good shape any later recourse would have to be taken up directly with the freight company that delivered your goods. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SN13) We not associated with any shipper, so please take all your problems to them and not us. By ordering from us this is a legal agreement. Violators will not be refunded or credited back for any monies or other.
(SC1) Shipping Charges: Delivery, shipping / handling fees or charges are only based on the total value of your order and/or method at time of checkout only, additional shipping / weight / handling charges may be incurred at an additional expense to you when your order is packed. Shipping / handling charges may vary depending on may vary depending on size or order, weight of products ordered, bulk or retail packaging, package or packages dimensions, rural areas, geographic location shipping carriers, shipping methods and other parameters We can determine the actual weight of your order until it is packed. Oversized and overweight (12 oz plus) packages will incur additional shipping/handling charges (at customers added expense when we actual process the order, not when the order is placed) and with service restrictions. Other additional shipping / handling fee's, address correction fee's, or other fee's may also be added & charged to you (additional charges) when we actually process your order (not at online checkout). Shipping / handling prices are subject to change when your order is actually processed and additional fees may be charged without notice. Unfortunately the shopping carts cannot do the unforeseen, perfect weight calculations, address corrections, etc. so we must add or change the associated fee's manually when we actually ship / process the order without asking you so that you get your order in a timely fashion. Signatures may be required on some orders. Customers must make their own arrangements to accept delivery. Shipping & handling fees are never refundable or disputable in any occasion including any incident, disputes, chargeback’s, stop payments or any other. By submitting an order you agree to these terms & conditions of sale and further authorize use to add additional charges to your credit card if needed.
(SL1A) Loss, Theft, Non-Deliverable, Missing Orders or Packages: APS Cellular, Inc. is not responsible for lost, undeliverable, unclaimed. Refused, theft, loss, not received, misplaced or stolen items once your order has been shipped (given to the carrier). All orders will be shipped with delivery confirmation number if available. We will not be responsible for misplaced, never received or lost packages once a delivery confirmation or tracking number has been obtained. UPS Insured methods are covered, so please contact us. Please note that shipping / methods selection and insurance is the responsibility of the customer, period. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason. The customer / buyer agrees that for never received, lost, missing orders / packages from shippers that they will file a written police report for possible larceny (not for damaged or defects) and file a written claim with the shipper within 10 days of receipt of tracking / delivery confirmation number for package for never received / theft / larceny packages from the shipper or delivery location. Copies of the actual police report (from your local police department) and the shipper must be sent to us as proof of your claim that you did not received your order. The customer will also provide us a sworn affidavit & Police Report. No Exceptions. You must contact us immediately by phone and contact form with no delay or your claim will be void, 14 day limit from ship date.
(SRW) Signature Request Notice: If you do not request a signature to receive your order or waive the signature requirement, you are responsible for full payment for the order even if it is not received, stolen or damaged. • Some orders may require a signature from us for one reason or another and you must sign for it, we are not responsible for "who" signs for it. • Any refused, non-deliverable, unclaimed or no signature orders will not be refunded or credited back for any reason. • All insured orders require a signature and shall be void with no signature or waived signature. • All orders that that shipped with an "insured method" are insured and insured claims are handled through the insurance carrier only. • Refused, non-delivery or any other delivery issue is not refundable, the customer is responsible to make proper arrangements for their orders acceptance. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SLUSPS) Wrong Delivery, Theft, Error or Loss by USPS US Postal Office or Carrier: We are not responsible if the Wrong Delivery, Theft, Error, Loss damage, not delivered by USPS US Postal Office or other shipping Carrier Including but not limited to: carrier delivers your order to the wrong address, theft, loss, damage, not delivered or any other after we shipped it to the correct billing address as indicated on your order form. Your only recourse of action is to contact your local post master and demand compensation due to the negligence of the U.S. Postal personnel. If you did not insure your order and it is lost, please contact us first for package information if you can't look it up (it is available online to you via live order status link). You will then need to speak with your local Post Master. The carrier will be responsible for issuing a refund to you for your lost order. Please do not contact us for a refund it will not happen. Your an adult and mage your adult selection for your shipping method or carrier, own up to it. Our obligation / responsibility was met when we shipped your order. If you do not insure your order and damage occurs or your order was never received we are NOT responsible. You the buyer agree to indemnify APS Cellular, Inc., and hold APS Cellular, Inc. harmless and /or not liable for any and all issues as well as defend APS Cellular, Inc., for any and all delivery or non-delivery issues, errors, loss or damage. There shall be no refunds or credits to any uninsured order regardless of the situation.
(SLUSPS1) USPS Post Office Shipping: If you selected a USPS Post Office Shipping Method you selected this method at your own risk as listed at check out, APS Cellular, Inc will Not Be Liable for any USPS Postal Office Shipping methods problems, issues or any other. Most USPS Order have No Problems! You the buyer agree to indemnify APS Cellular, Inc., and hold APS Cellular, Inc. harmless and /or not liable for any and all issues as well as defend APS Cellular, Inc., for any and all delivery or non-delivery issues, errors, loss or damage.
(UC1) IMPORTANT: UNCONFIRMED ORDERS Unconfirmed Orders: Often, we have to contact a customer in order to resolve a problem with verification of credit card information, or clarify some other billing or address issue. Please be advised that while we will always do our utmost to reach you by phone & e-mail, we simply cannot maintain orders in an unconfirmed state indefinitely. If we cannot contact you within 2 business days of receipt of your order, the order will be canceled with a $10.00 office fee charged to your account, so please be sure to provide us with proper contact information that will enable us to reach you in timely fashion should the need arise. We may also charge you for any correction fee, service fee's, office fee's or other fee to your order without asking you so that you get your order in a timely fashion. By submitting an order you agree to our terms.
(UC2) If your Order comes shipped back to us as; Refused, Moved, Unclaimed, Undeliverable, Non-Deliverable Address's / Shipments or any other reason: Your package may be refused or discarded at your expense if it comes back to us for any reason, you will not be refunded, credited or other! Refused, non-deliverable, unclaimed and all other unauthorized returned packages may be discarded and you will not be refunded or credited back for any monies, credit or refunds . Please remember if you ordered it, it is your duty to read and follow any instructions and make yourself available to receive your package. We provide tracking numbers & delivery confirmation numbers to you via emailed invoice, and even if you lose that you can go our live order status pages and check your status & any other delivery information. There is no excuse for you to accept delivery if you ordered something! If you do not know your address or cannot make arrangements for delivery acceptance please do not order from us. Please be advised you may receive additional charges from us for not accepting your order as agreed. A 35% Service Fee (from product total) plus shipping charges both ways may be charged for all refused, undeliverable, unclaimed, non-deliverable address's / shipments to cover our office costs, and additional costs may be applied to your account. Additional freight charges will be incurred and you will be charged for those charges as well as our office charges, when shipments are refused or cannot be delivered as a result of incorrect, misinformation or failure to make yourself available or agent available for delivery or any other reason we may see. These additional charges to your credit card may also include office fee's, service fees from us, outgoing shipping and return freight charges that the company has sustained, you may forfeit your right to any refund, charge back, dispute or credit. Shipping fee's are never refundable, even in cases of warranty or DOA. We reserve the right to cancel or void any order without reason at any time. You agree that you will not do a "stop payment, not pay, chargeback’s, contest, dispute, reverse any payment, refuse an order, cause us an unpaid debt or any other form of non-payment", (if so will be void & null) or your name & account may be sent to a collection agency, law firm, credit bureau or other for collections and reported as Fraud to the proper agencies. If you have a problem with the shipping company you must contact them not us, we do not do your actual delivery! Shipping & handling fees are never refundable or disputable in any occasion including any incident, disputes, chargeback’s, stop payments or any other. Further note our privacy policy shall be null & void! By submitting an order to any of the APS Cellular, Inc Web sites you acknowledge the understanding of this and all policies that apply. There shall be no refunds or credits to any uninsured order regardless of the situation.
(UC3) CUSTOMER ORDER ADDRESS VALIDATION & NOTIFICATION OF ADDRESS ISSUES TO US WHEN ORDERING: The Customer is responsible for providing the accurate delivery details as well as Notifing us of Past Issues, Delivery Address Issues and / or Any Other Issue where they may be a Delivery Problem, ie, # 1 USPS Does not have this Address But It Is a Valid Shipping Address, ie #2 Please Ship only UPS or FedEx Due to USPS has not delivered to or has this address, ie # 3 USPS frequently loses my packages so please ship my order with another method. The customer is responsible for providing us & informing us of any & all issues or potential delivery issues so that we can help you get your order.
(UC3A) The Customer Must Provide us with True & Actual Information: The Customer Must Provide there Real & True Billing Name, Actaul Billing Address, a valid email address, actual & verified delivery address, contact number and the intended recipient), if we have to correct your address due to typo's, wrong information, missing information, wrong information, alternate address, non-verified address, or other you will be charged for an address correction fee which is an additional charge to the customer. APS Cellular, Inc. will not be responsible for lost or misdirected shipments, please make a claim with the shipper. The customer is responsible to make arrangements to accept ther order / delivery, using the order status system to check on their orders (do not depend on emails for notification, they may not be reliable) and contacting the shipper for any issues, the customer agrees to hold APS Cellular, inc., harmless and not liable for any shipment/ order issues, including but not limited to; Damages, not received, late, not on time, delivered to wrong address, not delivered and any other issue. Please note that shipping / methods selection and insurance is the responsibility of the customer, period. If you do not opt for an "insured method" of shipping you have 'no insurance" and no claim with APS Cellular, Inc and / or your bank. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. We reserve the right to change shipping methods, shipping carriers, require signature & insurance or other at your expense without notice. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason. Failure to comply with this easy & standard Ordering Information may add additional charges to your credit card, cancellation of order, breach of contract, and or other. If you do not agree do not order. There shall be no refunds or credits to any uninsured order regardless of the situation.
(UC3A) ORDER DELIVERY ACCEPTANCE:
(UC4) Customer Order Status & Address: Customer is responsible to check on their own order status (order status system),do end on an email from us. Customer is responsible to make arrangements to accept their order / delivery. Customer is responsible to use the order status system to check on their orders status (do not depend on emails for notification, they may not be reliable) and contacting the shipper or us for any issues, the customer agrees to hold APS Cellular, inc., harmless and not liable for any shipment/ order issues, including but not limited to; Damages, not received, late, not on time, delivered to wrong address, not delivered, refused, non-deliverable and any other issue. Refused orders, non-deliverable orders, or other delivery issues that were not our cause shall not be refunded for any reason. There shall be no refunds or credits to any uninsured order regardless of the situation.
(UC4a) We only ship to the card holder’s actual billing name and actual billing address or if a PayPal Order the name & address the PayPal provides us as verified, No Exceptions! Make sure you know your address and it is the correct one on file with your bank or PayPal, this is your responsibility! Please note that shipping / methods selection and insurance is the responsibility of the customer, period. If you do not opt for an "insured method" of shipping you have 'no insurance" and no claim with APS Cellular, Inc and / or your bank. We recommend shipping through UPS with appropriate insurance to cover loss, damage or other for the replacement cost of the item. There shall be no refunds or credits to any uninsured order regardless of the situation.
(UC4b) We reserve the right to change shipping methods, shipping carriers, require signature & insurance or other at your expense without notice. APS Cellular, Inc shall not be held liable for orders not received, damaged, theft, stolen, any type of loss, mis-delivery, pilferage or any other reason. If you do not agree do not order.
(UC5) Returning An Order Without an Approved Return Authorization From Us and/or Returning an Order or Product and/or Having a Order or Shipment Sent To Us With or Without Authorization and/or Having the Shipping Carrier Bill the Shipment to APS Cellular, Inc.: UnAuthorized Returns Are Not Permitted and Shall Be Breach of Contract. Anyone that sends us an UnAuthorized Return Shall Not Be Refunded, Credited Back, Exchanged Out! UnAuthorized Returns Are Not Permitted and Shall Be in Breach of Contract and Subject You to Possible Additional Charges, Fees and Office Charges, Possibly Reported as Fraud and or Other at Your Expense. Any stop payments or chargebacks for UnAuthorized Returns will be considered Fraudulent, Dis-Honest and shall be treated as Breach Of Contract.
(UC6) UnAuthorized Returns Are Not Permitted and Shall Be Breach of Contract. Anyone that sends us an UnAuthorized Return Shall Not Be Refunded, Credited Back, Exchanged Out! UnAuthorized Returns Are Not Permitted and Shall Be in Breach of Contract. UnAuthorized Returns Are Not Permitted and Shall Be in Breach of Contract and Subject You to Possible Additional Charges, Fees and Office Charges, Possibly Reported as Fraud and or Other at Your Expense. Any stop payments or chargebacks for UnAuthorized Returns will be considered Fraudulent, Dis-Honest and shall be treated as Breach Of Contract.
(Ps1) Contact us for any problems: The customer agrees If a issue or any problem arises you fully agree to contact us via our proper contact methods / forms and telephone number and to make actual contact. You agree to go through us for any and all problems not go to others such as the bank, PayPal, due a chargeback, stop payment, or dispute with your problems without our prior written authorization from us. Violation of this clause, conditions, or any other terms other is breach of contract. You agree to be fully liable for your actions or lack of.
(NP s1) Non-Payment, Fraud, Stop Payments, Bad Checks, Any Other Method of Non-Payment, Reversal, Chargeback’s Information
(NP s1a) Non-Payment, Stop Payments, Bad Checks, Chargeback’s are usually the result of disputes over cancellations & refunds - or just plain dishonesty. Chargeback’s, Abuse of Chargeback's, Misuse of Chargeback's, Stop Payments may be considered fraudulent and reported: Any chargeback's to credit cards or PayPal transactions without communicating with us first will be treated as Fraudulent. Credit Card Fraud by chargeback's is a serious crime and will not be tolerated. Abuse of, Chargeback’s may be forwarded to the issuing Credit Card Company or PayPal’s Fraud Division, FBI On line Fraud Division, Credit Reporting Agencies which will probably result in a query into member’s credit card payment habits and / or other.
(NP s1b) At APS Cellular, Inc, we deal fairly and honestly with our customers and let them know our sales terms up front (a link on almost every page and at checkout). We are completely open about all sales are final, our product & shipping pricing structures, warranties and return policies. In fact, we probably spend more time dealing with fraud and deceit on our policy pages to help eliminate the high level of online fraud, frivolous returns, and schemes & scams that make attempts to defraud us every day. Unfortunately you may not like our policies, conditions & procedures but are in place to help protect & safeguard our honest customers and reduce fraud.
(NP s1c) Charge Back Abuse and The Cost: Non-Payment, Stop Payments, Bad Checks, Abused & MisUsed Chargeback’s are the scourge of online companies. If a customer places a chargeback’s or any other form of non-payment or reversal of payment against us not only do we lose the money they should have paid for the service or goods provided, but it also costs us a lot of money to process that chargeback’s, and it damages our ability to continue processing credit cards online. This affects all of our good customers.
(NP s1d ) We inform our customers up front that we are selling our accessories, parts, equipment, etc at very low prices that do not include a marked up price for warranties from us (usually from the manufacturer) and returns. By keeping all sales final and offering the best selection & quality of accessories at a very low price most people are very happy saving a lot of money this way. Despite that some people will still jump on the chargeback route when they have a problem as an "easy out", instead of just dealing with the facts & our buyer agreement. Needless to say, we have a very low tolerance for chargeback’s and will seek payment for that is due plus all costs in collecting it. Our Sales Terms are an Agreement, if you breach it you will be liable for your actions.
(NP s1e) UnJustified Charge Backs Or Stop Payments: We do everything & more to check the validity of all orders but we know that one day we will be the victim of a malicious or fraudulent chargeback’s. In these circumstances and others we will defend the chargeback’s vigorously if we feel that chargeback is fraudulent, unjustified or malicious. If the chargeback is subsequently reversed you will still be liable for all the incurred fees / payment of costs plus a $5000.00 Plus $575.00 an hour for processing fee to us.
(NP s2) Stop Payment / Inquiries / Chargeback Fee's for unauthorized chargeback’s to the customer are: $5000.00 minimum processing fee per incident plus $575.00 an hour. If you do a chargeback and it goes to Arbitration you agree to pay us for all Arbitration fees are $400.00 plus other charges at $575.00 an hour if you put us in that position.
All Payment Requests are Payable on demand.
(NP s2a) Bank or Credit Card Inquires about a Charge on your statement: If you forget you ordered something, who we are, that unknown charge on your statement or other similar and you have the bank send us an "Inquiry" or "other" for information about your order the following terms for additional charges to your credit will apply: The customer agrees to pay APS Cellular, Inc or its representative a minimum of $1000.00 plus an hourly rate of $375.00 an hour, plus office services fee's to process & file the information to the bank regarding you inquiry. Be Smart and avoid this charge by not allowing this to happen! Always save your order information for future reference. If you see an unknown charge, 1st check with all household members to see if they charged the order without your knowledge, or received the order without your knowledge! 2nd call the phone number listed next to the charge or look up the company on the internet or phone to call or email them!
(NP s3 ) Failure to Reverse Chargeback or Stop Payment: If the non-payment, stop payment, fraud or chargeback is not reversed but we feel that chargeback is unjustified or malicious, we will continue to pursue the client for all costs associated with it plus our non-payment collection fee's resulting from the chargeback. We reserve the right to pass the debt to a collection agency and / or attorney and let them take whatever action they feel is necessary to recover the debt for us. Further note our privacy policy shall be null & void! If any of our terms are not valid or legal, the remainder of all other terms and conditions will still exist.
(CB1) Customer Non-Payment, Bank Charge Backs / Stop Payments / Reversal of Payments / No Payment / Larceny / Criminal Charges / Fraud / Intentional or unintentional attempts of fraud / Any Other Cause or Method to deceive us or any type of bank:
(CB1 s1) Non-Payment / Stop Payments: Stopping, retracting or any other form of non-payment, reversal of payment by any method due for products or services to APS Cellular, Inc.: The customer agrees they will not do any form or type of charge back, stop payment, reverse charges, retract payment, dispute payment, withhold payment in any form, or stop payment and / or that if any attempt is made by the ordering party (customer, bank or other) to do, attempt or interfere, stop payment, initiate a credit card chargeback’s, any type bank chargeback’s, PayPal chargeback’s, any form of stop payment or reversal of payment, check cancellations
, bad charges, arbitration or any other method or withdrawing payment, no payment, bank or credit card inquiry or any other causing us any type of office work, other work, use of attorney or interfere in the rightful payment or collection of funds from the credit card company will cause substantial administration fees in collecting said amounts. A minimum additional fee of $5000.00 processing fee (per each inquiry) , plus $575.00 per hour & all other costs. Arbitration fees are an additional $400.00 to the customer. For every other claim and dispute the charges to you are: $5000.00 minimum processing fee per incident plus $575.00 an hour. If you do a chargeback and it goes to Arbitration you agree to pay us for all Arbitration fees are $400.00 plus other charges at $575.00 an hour if you put us in that position. Each claim, inquiry, dispute or incident we have to respond to or each claim will be charged, debited or billed to the cardholder (customer) via credit card, debit, bill or any other method or source we see applicable plus any & all incurred additional costs & fee's for; our office work, attorneys, bank or credit card fees or charges, collection activities or any other, in addition to applicable attorney’s fees and all other incurred costs. If you owe us an unpaid debt you agree to allow us to collect it in any legal way or form as well as: collect any collection costs, office fees add any other additional fees and any other fees associated with collecting the unpaid by any means. Please be advise that this will be a criminal matter and criminal charges will be pursued. By using our site you agree to our terms & policies and are bound by them. If any of our terms are not valid or legal, the remainder of all other terms and conditions will still exist.
(CB1 s2) Payment Not Made In Full, Stops Payments, Refuses Order & Other: Any customer that does not pay us in full, stops payments, refuses an order, issues a credit card charge back, disputes charges, contest charges, inquiry, any other form of non-payment method, rejected, cancelled non-payment form against us for merchandise or service will possibly be charged with mail order fraud (and/or any other applicable law), be charged for any & all bank fee's, credit card company fee's, arbitration fee's, any other assessment fee's, be assessed office and attorneys fees, account turned over to a collection agency and or reported to the credit bureaus and appropriate law enforcement agencies.
A minimum additional processing fee of $5000.00 (per each inquiry) , plus $575.00 per hour. Arbitration fees are an additional $400.00 to the customer. For each claim or incident we have to respond to or each claim will be charged, debited or billed to the cardholder (customer) via credit card, debit, bill or any other method or source we see applicable plus any & all incurred additional costs & fee's for; our office work, attorneys, bank or credit card fees or charges, collection activities or any other, in addition to applicable attorney’s fees and all other incurred costs. If you owe us an unpaid debt you agree to allow us to collect it in any legal way or form as well as: collect any collection costs, office fees add any other additional fees and any other fees associated with collecting the unpaid by any means. By using our site you agree to our terms & policies and are bound by them. Any non-payment, stop payment, reverse payment, charge backs, contesting, inquiry's, revoked payments and or/ disputes occurred the products and or goods are the property of APS Cellular, Inc. until the payments are paid in full. All payments are due in full on notice. If any of our terms are not valid or legal, the remainder of all other terms and conditions will still exist.
(CB1 s2a) Stop Payments, Chargeback’s, Fraudulent Stop Payments / Chargeback’s, Misuse of Stop Payments / Chargeback’s and / or Premature Stop Payments / Chargeback’s: APS Cellular, Inc. takes customer stop payments / chargeback’s & fraudulent chargeback’s' very seriously. Chargeback’s, Abuse of Chargeback's, Misuse of Chargeback's, Stop Payments may be considered fraudulent and reported: Any chargeback's to credit cards or PayPal transactions without communicating with us first will be treated as Fraudulent. Credit Card Fraud by chargeback's is a serious crime and will not be tolerated. Abuse of, Chargeback’s may be forwarded to the issuing Credit Card Company or PayPal’s Fraud Division, FBI On line Fraud Division and / or all Credit Reporting Agencies which will probably result in a query into member’s credit card payment habits. Should a customer fraudulently or prematurely charge back, stop payment, withdraw payment, hold payment, inquiry payment via credit card, check, e-check, PayPal or other payment method we assume your intent is to defraud us! You agree not to fraudulently or prematurely do a charge back, stop payment, withdraw payment, hold payment, inquiry payment via credit card, check, e-check, PayPal or other payment method and that you authorize APS Cellular, Inc. to automatically charge you a minimum of $5000.00 processing fee per incident plus all expenses at $575.00 an hour, all incurred costs as well as the maximum amount of damages allowed by law. Arbitration fees are an additional $1500.00 to the customer. Furthermore, we will report the fraudulent chargeback’s' to law enforcement authorities and related financial agencies. Should we be unable to collect this fee from you we will report your account to a collection agency and / or attorney to collect it those charges & all our incurred expenses for us at your expense. Please be advised misuse of chargeback’s or fraudulent chargeback’s can be result in criminal prosecution, federal mail or credit card fraud prosecution due to the nature and severity of this option. Further note our privacy policy shall be null & void! If any of our terms are not valid or legal, the remainder of all other terms and conditions will still exist.
CB1 s2b) Premature, Threats to Stop Payment for Non-Legimate Reasons or Violates Terms of Sale Contract: Customers who prematurely, threaten or issue stop payments / chargeback’s for order issues or reasons such as: non-delivery, mis-delivery, order cancellation, refund, exchange, service charges, office fees, address correction fees, alleged defect, etc. without working it through us and / or the delivery carrier (shipping company) and their policies / timeline, etc. are also liable for additional chargeback’s' fees. Chargeback’s, Abuse of Chargeback's, Misuse of Chargeback's, Stop Payments may be considered fraudulent and reported: Any chargeback's to credit cards or PayPal transactions without communicating with us first will be treated as Fraudulent. Credit Card Fraud by chargeback's is a serious crime and will not be tolerated. Abuse of, Chargeback’s may be forwarded to the issuing Credit Card Company or PayPal’s Fraud Division, FBI On line Fraud Division and / or all Credit Reporting Agencies which will probably result in a query into member’s credit card payment habits. Failure to immediately reverse a premature stop payments / chargeback’s' will result in having charges of Fraud, larceny by scheme, and other lawfully criminal charges placed against you. The defaulted account may be turned over to an attorney(s) or collections including a $5000.00 plus $575.00 an hour processing fees for any type of stop payment / chargeback’s fee plus office charges, attorney fees as well as applicable collection fees and fines as allowed by law. Please be advise that this will be a criminal matter and criminal charges may be pursued. Further note our privacy policy shall be null & void! By using our web sites you agree to all our terms and conditions by using it. If you do not agree please leave now.
(CB1 s3) Purchaser Stop Payment: The customer agrees that if any attempt is made by the ordering party (the customer) to not to pay in any way of form, stop payment (buyer/customer to stop payment, retract payment , chargeback’s, make threats, attempts or to interfere with the rightful collection of funds owed to APS Cellular, Inc., the bank / credit card company / card holder / check holder or any other will cause substantial administration fees in collecting said amounts. You the Customer authorize APS Cellular, Inc or their representative to charge you minimum additional fee of $5000.00 plus $575.00 an hour as well as will be charged for collection activities, in addition to applicable attorney’s fees, bank fees, office fee's and any other fees for all other incurred costs. Any non-payment, stop payment, charge backs, contesting, inquiry's, revoked payments / or any other form of non-payment and or/ disputes occurred the products and or goods are the property of APS Cellular, Inc. until the payments are paid in full. Please be advise that this will be a criminal matter and charges will be pursued. Further note our privacy policy shall be null & void! This is a legal and binding agreement.
(CB1 s4) Non-Payment, Holds or Stops, Retracted Payment or Any Other Payment Default: Any type or form of non-payment, stop payment, charge backs, contesting, inquiry's, revoked payments and or/ disputes occurred the products and or goods are the property of APS Cellular, Inc. until the payments are paid in full. Chargeback’s, Abuse of Chargeback's, Misuse of Chargeback's, Stop Payments may be considered fraudulent and reported: Any chargeback's to credit cards or PayPal transactions without communicating with us first will be treated as Fraudulent. Credit Card Fraud by chargeback's is a serious crime and will not be tolerated. Abuse of, Chargeback’s may be forwarded to the issuing Credit Card Company or PayPal’s Fraud Division, FBI On line Fraud Division and / or all Credit Reporting Agencies which will probably result in a query into member’s credit card payment habits. You the Customer authorize APS Cellular, Inc or their representative to charge you minimum additional fee of $1000.00 processing plus $575.00 an hour as well as will be charged for our processing fees, collection activities, in addition to applicable attorney’s fees, bank fees, office fee's and any other fees for all other incurred costs. The cardholder understands that any disputes, contesting, charge back or any other form of non-payment or retracted payment must be made with APS Cellular, Inc. APS Cellular, Inc. reserves all rights to collect any unpaid, products or goods, charge backs, court fees, bank fee's, lawyer’s fees, and /or all other associated charges that occurred in assisting the process. Please be advise that this will be a criminal matter and charges will be pursued Further note our privacy policy shall be null & void! This is a legal and binding agreement.
(CB1 s5) Failure to Notify Us: If you do not receive your order or claim to have not to have received your order and process a bank, credit card or PayPal chargeback’s. You the Customer authorize APS Cellular, Inc or their representative to charge you minimum additional fee of $5000.00 plus $575.00 an hour as well as will be charged for processing & collection activities, in addition to applicable attorney’s fees, bank fees, office fees and any other fees for all other incurred costs. Failure to notify us of not receiving order by phone and contact form will be considered Fraudulent, fees will be incurred, money owed may be sent to collections and /or attorneys and treated as such. You will be held liable & pay all incurred costs in this incident and any future ones as well as the policy in the above paragraph.
(CB s6) Additional Fees to Buyer / Customer Caused by Non-Payment, Chargeback’s, Inquiry's, Disputes, Arbitration, Order Refusals or Any Other Cause or Method: Please be advised that the many credit card companies and banks have initiated new regulations with new fee's, bank charges, assessments, and other charges associated with "charge backs, disputes, contesting charges, arbitration fees, etc". Please be advised that any charge back fee's, contesting, arbitration fees or any other charges needed to contest, reply to, office & legal charges or that are created by the customer with a charge back (or any other form of non-payment), the customer will pay us back in full for all costs associated in collection of money owed to us. The newest charge is "arbitration fees" or "other charges" of $400.00 from banks / credit card companies to send a dispute to arbitration. If the customers bank (or other) causes APS Cellular, Inc. to Pay for "Arbitration" Fees or any other fees the customer agrees to reimburse APS Cellular, Inc. in full plus $2000.00 and 25% service fee for any and all fees that are caused by doing any type of "chargeback’s", "arbitration" or in any other way or form. The customer also authorizes APS Cellular, Inc. to charge or debit their credit card for $2000.00 Office processing fee plus $575.00 an hour and for any and all fees resulting from a "chargeback’s", "arbitration" or in any other way or form. If the customer card is declined or does not pay within 30 days, the customer authorizes APS Cellular, Inc. to collect the money from the customer in any legal manner or legal form and also be liable for any costs involved in such collection. Customers using our web site's to order causing us any incurred fee's or charges do authorize us to charge their credit card for these fee's and any other associated charges or fee's that may occur. Any none payment, charge backs, contesting, inquiry's, revoked payments and or/ disputes occurred the products and or goods are the property of APS Cellular, Inc. until the payments are paid in full. This is a legal & binding agreement by purchasing from our web site(s). Further note our privacy policy shall be null & void! If any of our terms are not valid or legal, the remainder of all other terms and conditions will still exist.
(CB s7) Customer Notice: The customer after receiving a telephone call or written response from APS Cellular, Inc. or its authorized representative or attorney, bank, processing agent or agent about being contacted by a bank, attorney or credit card company that the customer has initiated a charge back, inquiry, dispute or any other stop payment or reversal of payment (the customer) will promptly call and notify the bank or credit card company to reverse any chargeback’s, stop payment, dispute or other with APS Cellular, inc. forthwith or be subject to above section paragraphs. If the customer cannot be contacted above paragraphs will be initiated.
(AAA s1) Additional Credit Card Charges or Other Charges To The Customer in the Future for any Debt Owed To Us: YOU ACKNOWLEDGE, AGREE AND AUTHORIZE APS CELLULAR, INC., OR ITS REPRESENTATIVE OR COLLECTION AGENCY TO AUTOMATICALLY BILL, DEBIT AND/OR CHARGE ON YOUR CREDIT CARD, DEBIT CARD, BANK CARD OR OTHER FOR FULL PAYMENT OR SUCCESSIVE TERMS OF EQUAL LENGTH OR OTHER WAYS TO COLLECT ANY OUTSTANDING BALANCES OR MONIES OWED UNTIL PAYMENT HAS BEEN MADE IN FULL, PLUS OFFICE, ATTORNEY FEE'S, INTEREST AND ALL OTHER CHARGES WILL BE ADDED TO YOUR ACOUNT UNTIL APS CELLULAR, INC. IS PAID IN FULL.
(CB2) DEFAULTS IN ANY PAYMENTS MAY BE SUBJECT TO CRIMINAL CHARGES, SENT TO COLLECTIONS AND OR REPORTED TO THE CREDIT REPORTING BUREAUS, The FBI AND OTHERS AT YOUR EXPENSE. Chargeback’s, Stop Payments may be fraudulent and reported: Any chargeback's to credit cards or PayPal transactions without communicating with us first will be treated as Fraudulent. Credit Card Fraud by chargeback's is a serious crime and will not be tolerated. Abuse of, Chargeback’s may be forwarded to the issuing Credit Card Company or PayPal’s Fraud Division, FBI On line Fraud Division and / or all Credit Reporting Agencies which will probably result in a query into member’s credit card payment habits.
(CB3) Purchaser Violation: If a buyer or user violates any sales terms, policies, terms or conditions they are then in breached of contract by our standards, you hereby authorize APS Cellular, Inc. to make charges to your credit card without need for further approval.
(UT s1) Untruthfulness / False or Deceptive Information to us or any other; If you or someone makes, causes, shows, attempts any form of Untruthfulness, False or Deceptive Information to us verbally, in writing, in any other way or form or any on an order form, application, any order, statement, verbal, implied or written, bank creditor, credit card company, Yahoo Store Rating System, Bulletin Boards, BBB Better Business Bureau, Any Reseller Ratings System, Any Forum, Store Review, Internet Chat Rooms, any Other Type Rating Forms, Emails, in any way of form or Any Other Comment Areas Not Listed here will be considered deceit & fraud! We may seek legal recourse. Violators will be held legally accountable for their actions, slander, libel, comments or other via attorney to the fullest extent of the law. You agree to this fully. You also will not be refunded or credited back in any way and no returns as well as void any warranties you may had. This will effect any & all order information and another information past, present and future.
(Y1) Comments & Rating Systems: Yahoo Store Rating System, Bulletin Boards, BBB Better Business Bureau, Any Reseller Ratings System, Any Forum, Store Review, Internet Chat Rooms, any Other Type Rating Forms, Emails or Any Other Comment Areas Not Listed here. We love hearing great feedback on your online order! The Yahoo rating system and / or any other Rating / Survey Form(s) is for how the store operated online with it features, use and security features. Unfortunately there are a few people who try ruin companies by hiding behind their computers. This rating Yahoo and / or any other Rating / Survey Form(s) system is not for complaints, shipping issues, credit card problems, venting, defamation, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or profane material or any material, derogatory comments or slander. Anyone that leaves derogatory comments or remarks, disparaging comments or remarks, defamatory comments or remarks, slanderous remarks, false information, inaccurate information, misleading information, any other negative type comments or information that is derogatory or other is fully liable for their remarks, comments or other. This includes; Yahoo Store Rating System, Better Business Bureau, Bulletin Boards, Discussion Groups, Reseller Rating Systems, Internet Chat Rooms, Emails or any Other Type Rating Forms or Other Areas not Listed. You agree that you will not leave or make any negative feedback, threat of to APS Cellular, Inc. and agree to be held legally & civilly responsible for such actions. Violators will be held legally accountable for their actions and or slander, libel, comments, defamatory comments or remarks or other via attorney to the fullest extent of the law. Please, if you have nothing nice to say don't say it. For the nice people thank you!
(Y2) Forbidden: Any user or other accessing any of APS Cellular, inc. agrees not to transmit through the any of our services, another's service, rating site, forum, web sites, forums or any other: any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Each Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. Attempts to gain unauthorized access to other computer systems / networks are also strictly prohibited.
(CCF s1) IF YOU ARE A VICTIM OF CREDIT CARD FRAUD or Any Other Type of Fraud With APS CELLULAR INC On or Off-Line This is Criminal & Must Be Reported To The Police, Bank, Credit Card Company and Us within 7 Days of Knowledge of Facts :
If your card or identity or other was used without authorization, stolen, lost or was used illegally and / or an order was placed for services, products or other from APS Cellular, Inc. you must contact us, the credit card company and your local police to file a report immediately. Please Call your Credit Card Company First! Contact & Report the Information to Your Local police dept. Contact Us Via Contact Form Contact Form with The information.
(P1) APS Cellular, Inc. Takes Fraud Seriously. We want to know what happened and we will also investigate the incident on our end to help prevent any other customer or person from becoming a victim of fraud.
(P2) Please be advised any lack of cooperation or failure to provide us the requested information below to us from the alleged victim / complainant may subject the persons involved to office & legal processing fees of $5000.00 per incident plus $575.00 an hour as well as all office & attorney fees payable on demand.
(P3) Further note that civil and/ or criminal complaints or charges may be filed with any persons providing false, untruthful , misleading or fraudulent information given to us or any other in any form.
(P4) FRAUD What To Do:
1) Contact your Credit Card Company First and report the incident as well as ask for other help & sources they can provide you.
2) Contact Your local police to file a report immediately, you must also request a certified copy for proof.
3) The Card Holder or victim is required to send us the following within 7 business days;
1) A full Certified / Notarized copy of the actual Police Report of the Crime.
2) A Sworn & Notarized Affidavit.
3) An APS Cellular, Inc. Sworn & Notarized Affidavit ( we will send it to you when we receive the other required reed paperwork).
4) A Notarized & Sworn Letter of what happened.
5) A Copy of all Paper Work Filed with the Bank or Credit Card Company.
6) All Copies shall be Faxed & Mailed To Us within 7 days of reporting to the bank or credit card company.
7) Ways To Contact Us: Click Here for Our Contact Form, Please do not call us, your report must be in writing.
8) Failure to Contact us and / or Provide the Above Information / Paperwork shall deem the Claim as Fraudulent On Your Part!
(P5) Authorization for Card or Account use: Anyone that uses a credit card account without authorization, or fails to report a stolen or missing credit card and/or who disputes a charge and / or files a fraudulent use of credit card / bank card claim for an order for products, services or merchandise that was not received or ordered by them, and / or which they have placed an order and took delivery, is committing credit card fraud, larceny and other possible felony charges, and will be prosecuted to the fullest extent of the law. We take credit card fraud and all other types of fraud seriously and may report, seek actions, seek penalties and fines, investigate and prosecute any persons who are involved in such activity. All fraud orders or attempts to file fraudulent claims may be reported to the FBI, FTC, local law enforcement authorities for investigation / prosecution and other. Our privacy policy or other policies may be null & void for all criminal or non-criminal acts or attempts and all information shared with the authority's if we believe any type fraud including; attempts, committed or any other type of fraud. If any of our terms, wording, or other are not valid or legal, the remainder of all other terms and conditions shall still exist.
(CCF s2) Possible Additional Charges to Buyer/Customer: You agree & authorize APS Cellular, Inc. to charge your credit card ( an additional charge or additional charges in the future) for any of the following: Invoice lookups, non-payments in any form, stop payments, fraud, disputes, charge backs, contesting, arbitrations, bank fee's, assessment fee's and or any inquiry's to your account or order may be charged to your credit card or billed to you for this service, this is contract and an additional fee that you agree to. You the Customer authorize APS Cellular, Inc or their representative to charge you minimum additional fee of $2500.00 processing plus $1000.00 an hour for service fees as well as will be charged for collection activities, in addition to applicable attorney’s fees, bank fees, office fee's and any other fees for all other incurred costs. Customer is also responsible for additional charges for any inquiries, disputes, arbitrations, chargeback’s, non-payments, retracted payments from credit card companies. The customer agrees to pay APS Cellular, Inc. back in full for all costs associated in collection of money / debts owed to us plus any other additional fees. Any non-payment, charge backs, contesting, inquiry's, revoked payments and or/ disputes occurred the products and or goods are the property of APS Cellular, Inc. until the payments are paid in full. The customer agrees that all incurred fees resulting from a customer stop payment, chargeback’s or any other form of non-payment will be paid back to APS Cellular, Inc. by the customer forthwith & on demand. If your credit card cannot be charged for monies owed to us, you authorize us to collect the money by any other legal method in any way we choose, i.e., attorney, collections or other.
(OBA s1) OTHER BUYER AGREEMENT - OTHER TERMS
(NR1) Customer Never Received Package / Order: The customer / buyer agrees that for never received, lost, defective, missing orders / packages / items from shippers that they will file a written municipal, state or federal police report (no private, no college, no university police reports accepted) (This is Not for damaged merchandise or defective merchandise) and file a written claim with the shipper within 10 days of receipt of tracking / delivery confirmation number for package for never received / theft / larceny packages from the shipper or delivery location. Notarized / Certifier’s Copies of the actual police report (from your local police department) and the shipper must be sent to us as proof of your claim that you did not received your order. No Exceptions. You must contact us immediately by phone and contact form with no delay or your claim will be void, 10 day limit from ship date. Please note we are not responsible for and No Claims will be accepted unless you used an "Paid For Insured & Signature Method of Shipping". All insured claims will then be initiated by the shipper who is responsible for claim. No USPS Post Office claims will be accepted due to their poor service, as listed on the check out page, if you used this service it was at your option and your risk. You selected your own preferred shipping method at check out with many different options with explanations, we are not liable or responsible in any way or form. Do to the amount of frivolous claims this is mandatory. The customer agrees Not to stop payment or reverse payment in any form including: a credit card / bank / PayPal chargeback or with holds in payments in any form. Violators will be in breach of the sales & terms agreement and shall be liable for any debts & expenses incurred to APS Cellular, Inc for collection or any other.
(WBA s2) All Wholesale and Retailer/Dealer/Reseller orders and sales are final, no returns or credits. Note: All products that are sold wholesale or other discounts are sold as wholesale merchandise to resellers for purpose of reselling only. Technical support to end-users and consumers are to be provided directly from the resellers, not us. Support & warranty inquiries relating to usage and compatibility will not be fulfilled at any level.
(CN s1) CUSTOMER NOTIFICATION REQUIREMENTS - FAILURE TO NOTIFY US OF ANY PROBLEM
(FN1) Failure to Notify APS Cellular, Inc. : If you did not receive your order, have a defective product, cancel or refuse an order without our authorization or missing products and you process a stop payment, reverse charges, charge back or any other form of non-payment or reversal you must notify us by phone and in writing (not email) to help you resolve the issue. You Full Agree to have us Resolve any and all issues and Not any Bank, Credit Company or Other or you will be in Breach of This Contract. Failure to notify us of not receiving order (within 5 days of shipment date) / missing products (immediately - within 48 hour limit), have a defective product (immediately & within 48 hour limit) by phone and contact form will be considered Void and Fraudulent, sent to collections, applicable fee's charged and treated as such if you do a "non-payment, reversal of payment in any form, stop payment, chargeback’s, dispute, withdraw payment, retract payment, deny payment or in any other form or manner " without contacting us and speaking to us. Failure to contact us by phone (talking to a live "customer service person", not a "sales person") and in writing with any problem will breach your agreement with us. Any non-payment, stop payment in any form, charge backs, contesting, inquiry's, revoked payments and or/ disputes occurred the products and or goods are the property of APS Cellular, Inc. until the payments are paid in full. You agree to abide by this policy and be held fully accountable for you actions or non-actions.
(RS1) RIGHT OF SERVICE: APS Cellular, Inc. reserves the right to refuse sales, service or other to anyone, at anytime, for any reason or no reason without explanation or notice if we feel this is in the best interest on APS Cellular, Inc. as a company and its customer base as a whole. Information, terms, policies, may change and / or be amended without prior notice.
(BR) Possession & Minors: It is the responsibility of the buyer, not the seller, to ascertain, and obey, all applicable local, state, federal and international laws in regard to the possession, and use, of any item purchased from APS Cellular, Inc. Consult your local and state laws before ordering if you are in doubt. Absolutely no sales to minors. By placing an order, the buyer represents that the products ordered will be used in a lawful manner and that the he/she is of legal age. APS Cellular, Inc. will not be held liable for the misuse or compatibility of any product purchased from us or any of our distributors & dealers. Additionally, APS Cellular, Inc. assumes no responsibility if a product purchased from us causes any loss or damage.(IT1) Internet Transactions: Due to the nature of transactions over the internet (even with the use of The Latest Security Devices & Security Procedures), the Customer acknowledges and accepts the risks of the possibility of:
(IT1A) APS Cellular, Inc is Not Liable for: Unauthorized copying, hacking, recording or reading of or interference with the Customer's transactions or information, the Service Provider's Web Site or the Services by third parties;
(IT1B) Delay in Service or Access: delay in or inability to access or use the Services due to any hardware, software, system or connection failure, error, omission, interruption, delay in transmission or computer virus;
(IT1C) Loss of Data or Other: loss of data or information that may occur due to any cause whatsoever, including any failure of any electrical, electronic, computer, microprocessor, recording or communication system of the Service Provider or any third party; and the Customer releases APS Cellular, Inc. & the service provider from any claim which the Customer may have as a result of the Customer assuming such risks.
(L1) Legality: It is your responsibility (the customers) to check all local laws concerning use, ownership & possession of any product or item from us. Age: you must be over 18 years of age and or over 21 years of age in some states to be an adult, their will be no sales to non-adults. Please note that any attempt in entrapment by any law enforcement agency will be met with swift legal action. Please consult an attorney or local law enforcement if you have any questions or doubts as to the legality of any product or services we offer on our web sites
(I1) Illegality: If these Terms / Conditions / Policies shall in whole or in part be held to be illegal or unenforceable, that condition or part shall to that extent be deemed not to form part of these Conditions and the enforceability of the remainder of the conditions shall not be affected. This will include any FTC Regulations and / or Visa, Master Card, Discover Card, American Express, PayPal, other Merchant / Hosting Regulations, or any other.
(GL) Governing Law Location: You agree that any legal action brought against APS Cellular, Inc. shall be governed by the laws of the State of Massachusetts (Middlesex County) without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of our Web Site(s) shall be an appropriate federal or state court located in Massachusetts. If several appropriate venues exist, APS Cellular, Inc. reserves the right to chose. Miscellaneous. This Agreement shall be treated as though it were executed and performed in Middlesex County of Massachusetts and shall be governed by and construed in accordance with the laws of the State of Massachusetts (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within two (2) months after the cause of action arose or be forever waived and barred.
(GL1) Legal Jurisdiction: All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Middlesex County of Massachusetts. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with our web sites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision
(QSL) APS Cellular, Inc. shall not be responsible for, and does not control, the quality, safety or legality of the services, products advertised, the truth or accuracy any description, compatibility, quality, use or other. APS Cellular, Inc. reserves the right to change its terms and conditions without prior notice.
(PP1) Privacy Policy will be null & void for any buyer / customer who does a chargeback, withholds any amount or total payment due, stops payment, contests sale, disputes payment, defaults in payment in any way, misconduct, or violates any law, intent to defraud, our terms of service / sales conditions, other applicable terms / service policies, posts or threatens negative of fraudulent feedback to any agency, web site, blog, forum, posting or any other, as determined APS Cellular, Inc. sole and absolute discretion. Lawful Criminal and or civil charges or claims may be initiated against such person(s) in violation of any term, condition, policy or other.
(PP2) Right to Report: APS Cellular, Inc. reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, credit bureaus, or other third parties. APS Cellular, Inc. may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, posted content and / or other information. You the customer, potential customer, or any other person(s) hereby consent to such action by APS Cellular, Inc.
(MC1) Mandatory Claim Reporting: All claims of fraud, fraudulent transactions, unauthorized transactions, packages never received (includes all forms of lost, stolen, theft, damaged, open packages, non-delivery by carrier, mis-delivery & all other), must contact us for a claim form as well as submit a clear, precise written & sworn affidavit, all other documentation confirming the validity of your claim & a written police report to APS Cellular, Inc. Failure to timely submit this information within 7 days will consider your claim as "Fraudulent", be reported to the authorities and may seek criminal charges as well as collections. Do Not do a chargeback! This will be breach of our sales agreement / contract you agreed to by ordering from us; additional charges, fee's & other charges will be added to your account, which will probably end up going to collections. Further Note: Most shipping carriers have their terms & policies as well, some may require 30 days before allowing a claim! Please understand that these requirements is how it is and we must work together to resolve any issues. Fraudulent activity, intent to defraud, false claims or other is illegal and violators will be prosecuted to the full extent of the law. If a chargeback occurs on an APS Cellular, Inc., from payment made to our account, we may debit your account balance to pay for it plus any involved additional costs. In addition APS Cellular, Inc reserves the right to employ other commercial or legal means to recover any payments due, costs involved, fines, office fees and or other costs arising where your account is insufficient to repay such a chargeback.
(MC1A) No Chargebacks Accepted: APS Cellular, Inc. does not accept chargeback’s, disputes, stop payments, holds, abuse or mi s-use of chargeback’s, false or misleading statements, and or other default on payment to give credits back to or refunds for lost, stolen, theft, non-delivery by carrier, mis-delivery & all other shipping / carrier issues (due to frequent scams) that shipping labels were paid & printed by us and / or are shown as delivery confirmation, received, delivered or other in the shippers/ carrier's tracking system. Please see above paragraph for more information. Please work with us on issues so we can resolve any problems. Customer agrees all disputes will be handled directly with APS Cellular, Inc. and will not post, do or threaten to do: any type of dispute, chargeback, stop payment, inquiry, default in payment or other, if done the customer they have breached this contract & agrees to pay all incurred, office fee's. legal fee's, other additional charges from us.
(MC1B) Uninsured Orders: If you did not opt to insure your order / shipment there is no insurance, it’s your loss and you agree that you will not attempt any recourse at APS Cellular, Inc.
If a chargeback occurs on an APS Cellular, Inc payment made to your account, you authorize APS Cellular, Inc. or its representative to may debit your account balance to pay for it plus any involved additional costs. In addition APS Cellular, Inc reserves the right to employ other commercial or legal means to recover any payments due, costs involved, fines, office fees and or other costs arising where your account is insufficient to repay such a chargeback.
(FA1) Fraudulent activity is illegal and violators will be prosecuted to the full extent of the law. In the case a fraudulent user is under the age of 18 or 21 , the parents or guardian of the user will be held accountable for all such costs.
(CA1) Disputes: Customer agrees all disputes will be handled directly with APS Cellular, Inc. and will not post, do or threaten to do: any type of dispute, chargeback, stop payment, inquiry, default in payment or other, if done the customer they have breached this contract & agrees to pay all incurred, office fee's. legal fee's, other additional charges from us.
(NC1) Limit of Claims: Customer agrees that No Claims will be accepted after 30 days. Any and all claims will be null & void after 30 days. Customer further agrees that no chargeback’s, disputes, inquiries or stop payments will be made, if done the customer they have breached this contract & agrees to pay all incurred additional charges from us.
(CAP1) Breach of Contract / Chargeback Abuse / Mi s-use, Scam, Defrauder, Deadbeat, Non-Payer Policy: Any Customer that does that violates our policy or breaches our sales contract or that causes us any type of issues, non-payment, work, or Chargeback in Abuse, Mi s-use, Scam, Defrauder, Deadbeat, Non-Payer Policy Abuse Policy. In the event that a chargeback, stop payment, inquiry, payment hold or any other type of non-payment is placed on APS Cellular, Inc., we reserve the right to report the incident for inclusion in a chargeback abuser database and other places. The information reported will include name, email address, order date, order amount, IP address, full address, phone number and possible other information. Further note that our privacy policy will be null & void. Civil and criminal actions/ complaints may be taken as well as collections and reporting to the credit bureaus. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback + $1000.00 for processing fees by Wire Transfer or other approved method from APS Cellular, Inc.
(AARHTC) Angry, Arrogant, Rude, Harassment, Threats or other Inappropriate Mannerism by Customer: APC Cellular, Inc. Reserves the right to not deal with any customer or person that is; angry, arrogant, rude, harasses, threatens, or other inappropriate mannerism. Persons showing or displaying this mannerism may be subject to press criminal or civil charges. APC Cellular, Inc. Reserves the right to void any & all warranties
(CIE) Conflicting Information, Misinformation, Errors or other provided Information Corrections: You fully agree that APS Cellular, Inc. will preside over any and all conflicting information, terms, policies, misinformation, information errors and / or any other matters.
(CAMC) Chargeback’s, Abuse of Chargeback's, Misuse of Chargeback's, Stop Payments may be considered fraudulent and reported: Any chargeback's to credit cards or PayPal transactions without communicating with us first will be treated as Fraudulent. Credit Card Fraud by chargeback's is a serious crime and will not be tolerated. Abuse of, Chargeback’s may be forwarded to the issuing Credit Card Company or PayPal’s Fraud Division, FBI On line Fraud Division and / or all Credit Reporting Agencies which will probably result in a query into member’s credit card payment habits. * (PP1) Privacy Policy Forfeiture: Our Privacy Policy will be null & void for any buyer / customer who does a chargeback, abuses or mi s-use's a charge back , withholds any amount or total payment due, stops payment, contests sale, disputes payment, defaults in payment in any way, misconduct, or violates any law, intent or attempt to defraud us, violates or breaches our terms of service / sales conditions, other applicable terms / service policies, or any other reason as determined APS Cellular, Inc. sole and absolute discretion.
(PPV1) Notice: Privacy Policy Can Be Null & Void: Our privacy policy shall be null & void. We reserve the right to report and release your personal information for any incident for inclusion in a chargeback abuser database, report it as fraud, report or release it to the credit bureaus, report it or release to other places, press criminal charges and release your information to any other place at out discretion for a stop payment, payment hold, or any other reason or no reason. Reasons can also include: Abuse or Mi s-use of a chargeback's, Posting or stating, blogging or writing a false, misleading, negative remarks or statements to anyone or anywhere and / or any other reason or no reason regarding APS Cellular, Inc. and its business. The information reported may include full name, email address, order date, order amount, IP address, full address, phone number and other information. Notice: Stop Payment Abusers are not customers, but criminals. Further note that our privacy policy shall be null & void as well as any warranties. Chargeback abusers wishing to be removed from the database shall make the payment to APS Cellular, Inc., for the amount of the chargeback plus + $2000.00 for processing fees and plus all other labor, office work, all related fees and charges we incur by Wire Transfer or other approved method from APS Cellular, Inc. Abusers are not customers, but criminals. By ordering or using our web sites your fully agree to these terms, policies, conditions, other and shall hold APS Cellular, Inc. and it's representatives harmless of any wrong doing or any other.
(CAP1A) Chargeback Abuse / Mi s-use Policy: Chargeback Abuse / Mi s-use Policy In the event that a chargeback, stop payment, inquiry, payment hold or any other type of non-payment is placed on APS Cellular, Inc., Our privacy policy shall be null & void. We reserve the right to report the incident for inclusion in a chargeback abuser database, report is as fraud, press criminal charges and release your information to any other place at out discretion. The information reported may include name, email address, order date, order amount, IP address, full address, and phone number. Stop Payment Abusers are not customers, but criminals. Further note that our privacy policy will be null & void. Chargeback abusers wishing to be removed from the database shall make the payment to APS Cellular, Inc., for the amount of the chargeback plus + $1000.00 for processing fees and plus all other labor, office work, all related fees and charges we incur by Wire Transfer or other approved method from APS Cellular, Inc. Abusers are not customers, but criminals. By ordering or using our web sites your fully agree to these terms and policies and shall hold APS Cellular, Inc and it's representatives harmless of any wrong doing or any other.
(T s1) 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 user or 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. Failure to read or understand this agreement or any other policy or agreement does not constitute negligence and you agree will be held accountable to these policies & terms. APS Cellular, Inc. reserves the right to change its terms and conditions without prior notice. If you are not in full agreement with the sales terms and conditions of our web site(s) please close your browser window immediately.
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