Terms & Conditions

Last Modified Date: October 13, 2017

For the purposes of these Terms and Conditions the following terms shall have in singular or plural the meanings mentioned below:

1. TCL: means its affiliates and subsidiaries (together, also "TCL" or "we"), with an address located at TCT Mobile(US) Inc., 25 Edelman Suite 200, Irvine, CA 92618.  TCT Mobile is a wholly owned subsidiary of TCL. 

 

1. Customer Support Center: means the attention the Customer receives through dialing anyone of TCL Hotlines numbers in the USA or Canada.

 

1. Customer: means an individual(s) who acquires a TCL device.

 

1. Repair Center: Any entity, workshop or individual contracted by TCL to perform the repair and/or replacement services of devices.

 

1. Coverage: Source, structural or operating failures arising from materials, quality or workmanship when included within Manufacturer's Warranty. This estimate will be in TCL's sole discretion.

 

1. Quotation: means the quotation for the repair of a device when such repair is outside the coverage granted by the Manufacturer's Warranty.

 

1. User Account: means the electronic profile, created by the Customer in the Portal https://us-r360.blackberrymobile.com/ for the use of the repair services.

 

1. Manufacturer's Warranty: Signify the original warranty policy issued by the manufacturer, marketer or third parties with respect to the Device, which sets forth the terms and conditions under which the Device is warranted against originating, structural or operating failure of the materials, quality or labor, for the time indicated in said policy. The warranty statement is available at http://www.alcatelonetouch.us,  http://www.alcatelonetouch.ca.

 or www.tclmobile.com.

 

1. Shipping Guide: means the shipping guide or reference number issued by the company that TCL designates for shipment of the equipment to the Repair Center.

 

1. Device: Means only those electronic communication devices owned by the Customer and in relation to which TCL offers the services subject matter of this Agreement.

 

1. Shipping Company: TCL currently uses “FedEx” as the designated shipping company.

 

1. Portal: means the website https://us-r360.blackberrymobile.com/ and the services provided through it.

 

1. Terms and Conditions or Agreement: These are Terms and Conditions for repair service.

 

 

 

1. Purpose of the Terms and Conditions.

The purpose of this document is to establish the terms and conditions that will govern the manner in which the Customer may send a Device to be repaired in one of TCL's Repair Centers when the repair is within the terms of the Manufacturer or when Customer accepts the Quotation delivered by TCL to perform such repair (the "Service").

 

1. How does the Service work?

By means of the Customer Support Center and/or the website https://us-r360.blackberrymobile.com , the Customer can manage sending a Device to an authorized Repair Center for evaluation and repair. This Service must be requested from TCL by any of the means described herein, therefore it cannot be directly requested from (i) the company or person who markets the Devices; (ii) other TCL offices not included in this document; (iii) the company that TCL designates to send the Devices.

In order to use this Service, it is strictly necessary for the Customer to call the Customer Support Center, prior to making use of the RMA platform. During the call to the Customer Support Center, the operator will make an initial validation to determine if the error, failure or problem can be solved remotely. In the event that the error, failure or problem cannot be solved, then the operator (a) will provide the Customer with a case number. In order to continue with the process of sending the Device, the Customer must go to the website https://us-r360.blackberrymobile.com/ and enter the case number, along with the other information requested thereto to be able to create a User Account and to manage the sending of the Device. Once the User Account is created, in the Portal, the Customer will select, within the locations offered, the office of the Shipping Company that is most convenient. Prior to repairing the Device, the Repair Center will perform a validation of the Device (serial number, IMEI, warranty, among others). From the information reviewed by the Repair Center (IMEI, Model, warranty, among others) and the account generated by the customer within the platform, if it is determined that the Manufacturer's Warranty is current and applicable, the Repair Center will proceed to perform the repair without cost. Otherwise, if the validation determines that the warranty is no longer applicable, the Repair Center will send a quote to the Customer, by sending a notification via email to the address registered by the Customer in his User Account, and/or via a message directly from the platform through the User Account. The Customer must accept or reject the repair or request the return without cost of the equipment.

Repairs that are within the Manufacturer's Warranty Coverage will have no cost. If the review of the Device through the Service Center determines that the defect in the Device is due to causes that are outside the Manufacturer's Warranty Coverage, TCL will inform the Customer by any of the means described herein. Customer agrees that TCL will not assume any liability in this case.

For such effects, TCL will present to the Customer a Quote to carry out such repair. In the event that the Customer approves this quotation, TCL will provide the new, recovered or used spare parts, labor and components necessary for the proper functioning of the Device.

After repairing the Device or in case of rejection of the repair fee, TCL will send a notification, by any of the means described herein, to the contact data provided by the Customer at the time of creating the User Account. This notification among other information will include the data of the branch of the Shipping Company in which the Customer must collect the Device, as well as the period during which it can happen to pick up the same. TCL is not responsible for the inadvertence of the Customer or in cases where the notification sent by electronic mail is sent to the spam tray, spam, or some other similar.

TCL merely verifies that the Devices will be repaired or replaced. In no case will the Customer be given cash. The repairs of the Devices that may be necessary under this document will be made at any time by TCL or by third parties specifically designated by TCL for this purpose.

The cost for the shipment will have a cost or not for the Customer, as described in the section How much does the Service cost?

 

1. How much does the Service cost?

The cost of services depends on various factors, such as the cost of shipping, the type of shipment, the Manufacturer's Warranty Coverage and the nature of the repair.

• The repairs that are completed within the Manufacturer's Warranty Coverage will have no cost. However, the customer is required to pay for inbound shipping to the Repair Center.  Also if the device is out of warranty due to time or case, the customer is liable for the repair and shipment charges.

 

• Repairs that are not within the Manufacturer's Warranty Coverage are considered “Out of Warranty” and the cost associated with such repair shall depend on the nature of the repair and will be evaluated and quoted prior to the repair. The Customer must pre-approve the quote and the repair in writing and in a reliable manner or electronically, as appropriate.

 

• Customer assumes all cost required to ship the defective device to the TCL Repair Center.  TCL covers the shipping back to the customer after the repair has been completed. 

 

All payments referred to in these Terms and Conditions shall be covered by the Customer in favor of TCL on the website https://us-r360.blackberrymobile.com/

 

1. What obligations does the Customer have?

The Customer shall: (i) Ensure that the description of the reported fault is the one he or she wishes to repair; (ii) Make known to TCL the failure or issue that your device presents; (iii) Collect the Device on the date that TCL designates; (iv) Verify that they are the same as you delivered. Except in cases where there is a change of device or serial number of the Device; (v) Verify that the repair resolved the reported failure; (vi) Have paid in advance, in accordance with these Terms and Conditions, shipping costs (if applicable in accordance with item 3), as well as for repair in case of being outside of the Warranty Coverage manufacturer; and (vii) Pay TCL any other applicable charges in accordance with these Terms and Conditions.

The Customer will be solely responsible for backing up all personal data and software before the initiating repair.

 

1. What obligations does TCL have?

TCL agrees to: (i) Validate the Device data, such as IMEI, model and symptom, when it arrives at the Repair Center and update the platform in order to provide a better service; (ii) To adequately carry out the arrangements according to the Contracted Terms and Conditions which must correspond to the information or publicity provided or disseminated; (iii) Review the general state of the Device, noting to the Customer any damage or defect present; (iv) TCL at its discretion can use new, used or refurbished spare parts; (v) Delivery of the devices on the agreed day, except for reasons of force majeure or delays arising from the sending or transfer of devices, parts, accessories or equipment, may or may not be attributable to TCL; (vi) To be responsible to the Customer for the non-fulfillment of the contracted services, even when he subcontracts with said third party; (vii) in case of receiving a payment, issue the invoice or proof of payment for the service, pursuant to article 62 of the Federal Consumer Protection Law.

To the maximum extent permitted by law, Customer hereby releases TCL from any liability arising from any delay in delivery resulting from the shipment or transfer of devices, parts, accessories or equipment, whether or not attributable to TCL.

Unless the Manufacturer Warranty indicates otherwise, Customer hereby grants its permission for TCL or the Service Center to repair the Device with new, equivalent, replacement or used parts, with the same or similar features and functionality as the originals. TCL will own any Devices or parts that are replaced.

Unless the Manufacturer Warranty indicates otherwise, in the event that the Devices cannot be repaired, TCL's liability shall be limited to delivering, by itself or by third parties, a Device of similar characteristics, which may be new or refurbished. The replaced Device (s) will remain the property of TCL.

 

1. What components or services that are not part of the Repair Services?

This Agreement shall not cover the following components and/or services: (i) Appearance or structural components; Such as the casing, or frame or their decorative parts, and/or chipping; (ii) Consumables; (iii) theft, misappropriation, abuse or misuse of the Device or its electrical source and/or improper connection to another device; (iv) Components designed to be periodically replaced by the Customer during the life of the Device; (v) The cleaning, adjustments and preventive maintenance to the Device; (vi) The Devices, if any, or components that are still covered by the manufacturer's warranty; (vii) Damages including any indirect or loss of profit or any such loss that may be caused by delays in delivery of the Extended Warranty; (viii) Phone accessories and other components, as well as battery banks (non-breaks) with all their accessories and components; (ix) Items that are occasionally marketed by the store; (x) TCL is not responsible for the customer’s data on the repair device; (xi) Any storage devices such as SD cards, sim cards and any other storage devices present will be destroyed.

In addition to and without any obligation to TCL, TCL may offer and market certain accessories that are compatible with the Devices. The terms and conditions governing these sales are as follows:

• TCL sells and delivers products only within applicable "countries". No shipment can be made to an address outside of the applicable countries. You will not be able to export products that are purchased through the use of the platform.
• TCL sells and ships products only to users or end customers.
• To return any product, it is necessary to contact the Customer Support Center. In order to be able to exchange the product it is necessary that the product be returned without opening its original box (unless there is a defect of origin). To initiate the process of reclamation by return of the product the user should contact the Telephone Assistance Center to the Customer within seven (7) calendar days following the date in which the purchase of the accessory was made. All products must be packaged in their original unlabeled packaging and contain all accessories, manuals, documentation and registration sent with the product. If you discover what you consider to be a defect of origin in any accessory purchased through the use of the platform, please call the Customer Support Center. If such defect exists, it will be covered under the terms of the Manufacturer's Warranty. Products that are purchased through this platform and do not have the TCL brand, only have the exclusive service and support of their manufacturers in accordance with the terms and conditions of the Manufacturer's Guarantee. TCL is not responsible for this type of products even if they have been sold in conjunction with any Device
• TCL will send you a confirmation of your order by email or sending a message through the platform with your order details. If you have not provided an email address or do not have a User Account, you cannot access these services.
• Payment for this type of products must be made by credit card through the platform at this address https://us-r360.blackberrymobile.com/
• In addition to the price or total amount payable for these products, TCL will charge the applicable state and local taxes.
• The price for the products will be that indicated in the platform; however, these can change without need of price warning.
• The purchase of these products will be subject to availability.

 

7. Contact Information

The Customer may submit any inquiries, or complaints related to the service in the email, address, telephones and in the schedule, that is detailed below:

Customer Care Department

TCT Mobile (US) Inc.

25 Edelman, Suite 200

Irvine, CA 92618

 

8. Termination Causes

This Agreement will be terminated when the Customer has failed to comply with any of its obligations under this Agreement or under the law. Such termination shall operate in full and without the need for any judicial declaration. The foregoing includes the termination in the event that the Customer incurs delinquency in the payment of its obligations in accordance with these Terms and Conditions.

9. How is personal data protected?

TCL, located at TCT Mobile (US) Inc., 25 Edelman, Suite 200, Irvine, CA 92618, will use your personal data collected to provide the repair services described herein, which can be carried out anywhere in the United States or Canada at TCL’s discretion. For more information about the treatment and the rights you can enforce, you can access the full privacy notice on the Privacy Notice page published by TCL.

 

Once the Customer registers or logs on to the platform to access his/her User Account, through Social Networks or Gmail, he/she acknowledges and agrees that TCL will have access to personal data provided by social networking sites / Gmail automatically. The way in which the Customer, as a user, interacts with the functionalities of a particular site is governed by the privacy policy of the company that acts as responsible for such social networks or Gmail. It is noted that the Customer controls the personal data that TCL can access through the way that the privacy options are configured in the various social networks or Gmail and the permissions that are granted when granting access to that information.

 

10. Release of responsibility

The Customer releases TCL from any liability that may arise or in connection with the origin, ownership, possession or any other right inherent to the Device or parts or components thereof.

To the maximum extent permitted by applicable law, TCL and its employees and agents shall in no event be liable to Customer or any subsequent owner for indirect or consequential damages, including, but not limited to, the costs of Recovery, reprogramming and reproduction of any programs or data or breach of the obligation to maintain the confidentiality of the data and loss of business, profits, revenues or expected savings, resulting from TCL's obligations.

 

11. Modifications to the Terms and Conditions

TCL may modify these provisions unilaterally; we will always provide the most current version on our website. If your rights are significantly reduced by a review, we will notify you (for example, by sending a message to the email address associated with your account). If Customer does not express its nonconformity in writing within thirty (30) calendar days and continues to use or access the Services once the modifications take effect, it will be understood that Customer has accepted those medications.

 

12. Interpretation, execution and compliance

In the event of any dispute arising over the interpretation, execution and enforcement of this Agreement, the parties submit to the laws and jurisdiction of the federal or state courts in California, waiving any other jurisdiction that may correspond to them by their present or future addresses or any other cause. Your rights and obligations as a Customer are subject to the provisions of this Agreement and covered by the terms set forth by the applicable local legislation on Consumer Protection.

13.  Dispute Resolution.

These Terms and Conditions shall be governed by the laws of the State of California, excluding its conflicts of laws principles. Except as explicitly provided in these Terms and Conditions, any dispute or claim relating in any way to TCL Repair Services or otherwise arising out of or relating to these Terms and Conditions that cannot be resolved directly between the Customer and TCL shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Section (“Dispute Resolution”), this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

 

Either the Customer or TCL can initiate an arbitration through the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award an individual the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must apply and follow these Terms as a court would. The ADR provider and the parties must also comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

 

The Customer and TCL each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the Customer and TCL each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of ADR in these Terms and Conditions.

 

The parties agree that the Customer or TCL may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of the Customer, TCL or their respective affiliated parties pending initiating and completion of the arbitration.

 

Except as explicitly provided in these Terms and Conditions, all claims the Customer brings against TCL must be resolved in accordance with this Dispute Resolution section. Any claim filed or brought contrary to this Dispute Resolution section shall be considered improperly filed.

 

Having read this Agreement and knowing the parts of its content and legal scope accept it accordingly.