Cellular Sales of Knoxville, Inc. is an authorized Verizon Wireless (“Verizon”) retailer which has established various subsidiaries through which business is transacted (each, a “CS Subsidiary”). All purchases are made through a CS Subsidiary organized in the state in which the purchase occurred and each is governed by the applicable Cellular Sales Customer Agreement.
The Cellular Sales Customer Agreement consists of the (i) CS Bill of Sale (provided to you at the time of purchase); (ii) the CS Activation Agreement (applies only when you subscribe for Verizon service at time of purchase); and (iii) the following CS Terms and Conditions:
Manufacturer's Warranty Only. Your Device includes a manufacturer’s limited warranty. Most warranties extend for a period of one year and exclude coverage for physical, water, or other damage. Please refer to the warranty information provided with your Device for specific details. All warranty claims occurring within 14 days must be made at a Cellular Sales store. Please be advised that, after 14 days, your warranty claim may be filled with a certified “like-new” device. You agree to rely exclusively on the manufacturer’s warranty in the event your Device is faulty. While we will attempt to assist in all manufacturer warranty claims, WITH REGARD TO YOUR DEVICE, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Current Restocking Fees (as of January 1, 2013):
Please note that the failure to meet the conditions set forth in the CS Activation Agreement may result in a higher Restocking Fee
Internal Use. We use PII for non-marketing and administrative services, including without limitation, customer service purposes such as performing account analysis from time to time to ensure you are getting the best services and options available to you and notifying you of the availability of a device upgrade. We will not use your PII to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
Fraud Protection. We and/or Verizon may perform an identity and/or credit check as a part of our fraud protection and order fulfillment process.
Payment Information. We may retain and use your payment information in order to ensure compliance with the Equipment Discount terms and conditions set forth in the CS Activation Agreement.
Method of Contact. You agree that in order to service your account, or collect any amounts you may owe, we, our service provider and/or their agent may contact you by any telephone number associated with your account, including any wireless number which may result in charges to you. This may be a number you provided or a number obtained from other sources. We may also contact or communicate with you by sending text messages or emails, using any email address you provided to us. Methods of contact may include using pre-recorded/artificial voice messages and/or use of an automatic dialing device, as applicable.
Protection. We review our data collection, storage and processing practices to ensure that we only collect, store and process the PII needed to provide or improve our services. We take reasonable steps to ensure that the PII we process is accurate, complete, and current, but we depend on you to update or correct personal information whenever necessary.
Check Policy. If you paid by check and your check is dishonored or returned for any reason, we will electronically debit your account for the amount of the check plus a processing fee through the ECOLLECT system. Processing fees for dishonored or returned checks are $50.00, or the maximum allowable fees that can be assessed in the state where the sale took place.
EXCEPT AS OTHERWISE PROVIDED, ALL DISPUTES BETWEEN US WILL BE DECIDED BY ARBITRATION.
We each agree, except as provided below, to settle any and all disputes related to the purchase of equipment, products and/or services from us, or as to any advertising for any such equipment, products and/or services, only by binding arbitration held in Knox County, Knoxville, Tennessee.
For all disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to: Cellular Sales of Knoxville, Inc., 6513 Kingston Pike, Suite 106, Knoxville, Tennessee 37919, ATTN: General Counsel. We each agree to negotiate with each other in good faith about your claim.
If we are unable to resolve your claim within 60 days after receipt, you may pursue your claim in arbitration, or through small claims if applicable, by sending us a letter describing your claim and requesting arbitration to: Cellular Sales of Knoxville, Inc., 6513 Kingston Pike, Suite 106, Knoxville, Tennessee 37919, ATTN: General Counsel.
Any arbitration proceeding shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA will arbitrate all disputes by one arbitrator selected by the AAA. The AAA's Supplementary Procedures for Consumer-Related Disputes shall apply to all claims under $75,000. The AAA rules are available at www.adr.org or by calling 1-877-304-8457.
We each agree that this Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration laws apply, except for qualifying small claims court cases. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court, including attorneys' fees. Each party shall bear its own costs and expenses related to arbitration.
We each agree that (i) you may choose to pursue your claim in court and not by arbitration if your claim qualifies for small claims court; and (ii) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due amounts and any interests, costs and/or expenses related to any such collection permitted by law.
Worry Free Period. If you are not satisfied with the wireless device(s) identified in the Bill of Sale (your “Device”), we will afford to you a refund or credit toward an alternative device provided: (i) you return the Device to a Cellular Sales store within 14 days, with today being day 1 (the “Worry Free Period”) and (ii) the Device is returned in the original box along with the included accessories, packaging & UPC label, all in like-new condition (the “Return Conditions”). If you return your Device and elect to cancel your Verizon Agreement rather than select an alternative device, the RESTOCKING FEE then in effect will apply and CERTAIN VERIZON FEES MAY NOT BE REFUNDED (see below). If the returned Device does not meet the Return Conditions, but is otherwise operable and undamaged, you may be charged up to $100.00. If the returned Device is inoperable or damaged, or if you cancel your Verizon Agreement (including porting to another carrier) and fail to return the Device, (i) you will forfeit the Equipment Discount and agree to reimburse us in accordance with the Equipment Discount provision below, or (ii) in the event the Device is subject to a Device Payment Agreement, you agree to pay to us the Total Sale Price as set forth in the Retail Installment Contract, less the First Payment Due, if any, which was remitted at the time of sale (the “Device Payment Recovery”). RETURNED DEVICES MAY BE RESOLD. YOU ARE RESPONSIBLE FOR DELETING ALL DATA ON ANY RETURNED DEVICE AND AGREE TO HOLD US HARMLESS FROM AND AGAINST ALL CLAIMS ARISING FROM THE EXISTENCE OF YOUR DATA ON THE RETURNED DEVICE.
NON-CONTRACT DEVICES. Returns of non-contract devices, or devices purchased at full retail price, are at the discretion of the store and could be determined based on purchase date, condition, and other applicable factors
ACCESSORIES. Returns of accessories are at the discretion of the store and could be determined based on purchase date, condition, and other applicable factors.
WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND AGREE TO ONLY BRING CLAIMS IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.