TCT Mobile Online Terms of Sale

 
  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TCT MOBILE, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.tcl.com (the "Site"). These Terms are subject to change by TCT Mobile (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).

  1. Order Acceptance, Orders, and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at any time for any reason in our sole discretion, and we may cancel your order at any time for any reason. We reserve the right to set a limitation on the quantity of products ordered or on the maximum dollar value of any order. Your receipt of an order confirmation does not constitute our acceptance of the order. If your order is cancelled, we will refund the amount(s) charged for such order(s). After having received your order, we will send you a confirmation with your order number and details of the items you have ordered. You have the option to cancel your order at any time before we have sent your order confirmation by emailing our Customer Service Department at us-orders@tcl.com.

  1. Prices and Payment Terms.

    • All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes (including any state recycling fees) or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

    • Terms of payment are within our sole discretion. We reserve the right to update the list of accepted forms of payment at any time in our sole discretion. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

  2. Shipments; Delivery; Title and Risk of Loss.

    • We will arrange for shipment of the products to you. Please check the available delivery options provided during the payment process. You will pay all shipping and handling charges specified during the ordering process unless explicitly addressed otherwise.

    • Title and risk of loss pass to you upon delivery of the product(s) to you by the carrier/shipper. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments and are not responsible for any lost or misdirected orders, errors, or omissions. The delivery dates provided to you via any communication method are estimates only.

  3. Returns and Refunds.

Except for any products designated on the Site as non-returnable (or using similar language designating that the products are not eligible for return), we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such request for return is made within 14 days of delivery (30 days for California residents). All returned products must be in like-new condition with no physical or water damage and are returned in their original condition complete with all in-box accessories and original packaging.

To return products, you must email our Returns Department at us-orders@tcl.com with your order number and reason for return.  You will receive a Return Merchandise Authorization ("RMA") number along with a prepaid return mailing label via email. No returns of any type will be accepted without an RMA number. Send back your return within 14 days of receiving your return label.

Please remove your SIM card and/or external memory card before submitting your return.  Contact your wireless service provider for more information about your wireless service account. 

Your return may be rejected if items do not meet the above requirements.  If requirements are met, you will receive an email confirmation when the refund is processed.  Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

If any Product you purchase from TCL includes third-party software, content, services, or Premium Care (“Third Party Software or Services”), you may be required to register or enroll with the provider in a manner solely determined by the provider. Your use of the Third Party Services is subject to terms and conditions (including privacy policies) determined solely by the provider.

In the event you return a Product(s), such return will not automatically cancel any third-party software or service including any wireless service or service activated for or in association with the product(s). Any third-party software or service contains its own terms and conditions governing activation, deactivation, or other related items, and should be referenced prior to the return of the product(s). See Section 8 covering “Third Party Software or Services” for more information.

  1. TCT MOBILE LIMITED CONSUMER WARRANTY.

    To view TCL’s limited product warranty for your specific product, please click here and select your product type.

  2. Goods Not for Resale or Export.

You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").

  1. Intellectual Property Use, Ownership, and Third Party Software or Services.

You acknowledge and agree that:

  • All uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license. Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement [posted with/made available to you through a link accompanying] the display or description of that specific product or service.
  • You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
  • You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
  • TCT Mobile and its licensor(s) is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under the product's and/or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
  • Disclaimers: If any product you purchase from us contains or uses third-party software or services, any use is governed by such third-party provider and not by us. This may include privacy policies and procedures not overseen or governed by us. All such use of third-party software and services is on an “as-is” basis, and does not contain any representations or warranties, express or implied, from TCT Mobile. To the extent prohibited by law, TCT Mobile specifically disclaims all such warranties, including without limitation any implied warranty or merchantability, fitness for a particular purpose and noninfringement. Without limiting the previous disclaimer, TCT Mobile does not represent, warranty, or guarantee that the third-party software or services will be compatible with your product or the hardware, software, or firmware contained within it, or that it will operate in an error-free manner or be immune from hacking or be virus-free or not be corrupted by other security-related items. You are responsible for ensuring your data is backed-up, and under no circumstances will TCT Mobile be liable for any loss of data or data corruptions through the use of third-party software or services. We may decide in our sole discretion to terminate access to any third-party software or service at any time.
  • LIMITATION OF LIABILITY FOR THIRD PARTY SOFTWARE OR SERVICES: TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL TCT MOBILE BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, WHETHER OR NOT TCT MOBILE HAS OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANOTHER PARTY TO THE EXTENT THAT TCL NORTH AMERICA WOULD BE REQUIRED TO INDEMNIFY SUCH PARTY FOR ANY CLAIM. IN NO EVENT SHALL TCT MOBILE’S AGGREGRATE LIABLITY TO YOU UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE PRODUCT OR APPLICABLE SERVICE.
  1. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

  2. Force Majeure. We shall not be liable or responsible, nor shall we be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond our control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond our reasonable control. In the case of a Force Majeure Event, we will provide notice of the Force Majeure Event to you, stating the period of time the occurrence is expected to continue, and use diligent efforts to end or minimize the failure or delay to the best of our ability.

  3. Governing Law. The laws of the state in which your current address of record resides (or in the case of any services provided by TCL, the laws of the state of your current billing address) shall govern this Agreement, except to the extent that law is preempted by or inconsistent with applicable federal law.

  4. Dispute Resolution and Binding Arbitration.
    • YOU, AND TCT MOBILE (ON BEHALF OF ITSELF, ITS PRESENT AND FUTURE AFFILIATES, PARENTS, SUBSIDIARIES, AND THIRD-PARTIES) ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US (INCLUDING OUR PRESENT AND FUTURE AFFILIATES, PARENTS, SUBSIDIARIES, AND THIRD-PARTIES) ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  • The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

  • You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TCT MOBILE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  2. No Waiver. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of TCT Mobile.

  3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  4. Notices.
    • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to TCT Mobile, Inc., 25 Edelman, Irvine, CA 92618. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.

  5. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  6. Entire Agreement. Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.