Terms of Service, Sale and Returns

Terms and Conditions

      1. Service standard. We shall make all reasonable efforts to repair the Device, and shall perform the Services in a competent and professional manner. The provision of Services is subject to the availability of any parts required and/or the terms of any relevant warranty.
      2. Estimate only. The scope of repair, cost of repair (including without limitation parts), and timing of completion are provided as an estimate only and subject to confirmation following an inspection of the Device. Should these change, we shall contact you as soon as possible for your confirmation to proceed with the Services. We will not begin any repairs without customer approval. We are not responsible for any difference in the estimated and actual value of such cost, scope or timing. All currencies stated are expressed in Canadian currency, unless marked otherwise.
      3. Device release. We shall notify you when the Device has been repaired and is available for collection. Where you authorize us to, we will release the Device to another individual, who will be asked to confirm his/her identification prior to such release.
        We may keep the Device until all charges payable have been paid. We may also charge an additional fee for related storage of the Device. If you do not collect the Device within 30 days, we may dispose of the Device in any way we see fit, without obligation or liability to you. Any sum obtained on disposal or resale may be applied to any unpaid estimate or repair charges you are liable to pay.
      4. Your representations and warranties. You represent and warrant that you will pay the total cost of the repairs approved, that you own the Device (or alternatively that you have been authorized by the Device owner to submit the Device for the Services) and the Device does not contain illegal files or data.
      5. Limited lifetime warranty on repair. We offer a limited lifetime warranty that our repair of the Device (including parts and labour) is free of defects and is fit for its intended use. This warranty: (i) includes the repaired part(s) only, and does not include further accidental damage to the repaired part(s); (ii) is applicable to the original owner only, and is not transferrable; (iii) applies only to normal use of the Device for its intended purpose and in accordance with its usage instructions; and (iv) does not apply to improper care, normal wear and tear, or negligence, or if the Device has been altered or repaired in any way by a party other than us. Should the repair contain a material defect, we will exchange, repair or replace the Device and/or part(s) (at our option).
        Use of our Services may void your manufacturer warranty. Please review any information provided by the Device manufacturer prior to submitting the Device for the Services. Nothing herein limits any applicable statutory warranties.
      6. Limitation of liability. Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action relates to our supply of the Services, at our option, to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services. In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
        We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
      7. Liquids. We do not take responsibility for any progression in damage for devices that have been damaged by liquid. Although unlikely, opening the device in such a circumstance could initiate further damage, which in some cases may be very serious and/or irreparable. After Services have been provided on a liquid-damaged device, it is your responsibility to monitor the device for additional damage, which may be beyond our control. If issues arise, please contact us and we can reassess the damage, although you agree that further Services may be subject to additional costs.
      8. Data. Any data or information that you may have stored on the Device shall remain your sole responsibility and we accept no liability for loss, recovery, compromise or corruption of such data howsoever caused. We therefore highly recommend that you back up the Device prior to the Services. If requested, we can back-up the information on the Device prior to providing the Services.
      9. Term and termination. This Agreement is effective as of the date set out below, and continues until the Device is picked up by an authorized individual, unless terminated earlier in accordance with this Agreement. We reserve the right to unilaterally terminate this Agreement if you are in breach of these terms. Notwithstanding the foregoing, any provision that by its nature is intended to survive expiration and/or termination shall so survive.
      10. General. We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control. Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise. This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall affect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently. This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us. If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Nothing in this Agreement shall confer any rights on any third party. This Agreement shall be governed by the laws of Ontario and the laws of Canada applicable therein and shall be subject to the exclusive jurisdiction of the courts located in the City of Toronto.

Terms of Sale

These Terms of Sale govern any order or purchase you make on this website (the “Website”), which is operated by Fixt Wireless Inc. (“we” or “us”). By placing an order, you agree to be bound by these Terms of Sale. If you do not agree to these Terms of Sale, do not proceed with your order. You may wish to print a copy of these Terms of Sale for your records. The Terms of Use and Privacy Policy are incorporated herein by reference.

  1. Orders. All advertisements on the Website are invitations to purchase and not offers to sell. We reserve the right, at our sole discretion, to accept or reject the order once you have completed and placed your order. You will receive online confirmation when your order has been received after you place your order. Confirmation of our acceptance of your order will be delivered via e-mail to the e-mail address associated with your account. There may be certain orders that we must reject before acceptance or cancel after acceptance. We reserve the right at any time after receipt of your order to accept or reject your order for any reason and will contact you at the e-mail address you provide.
  2. Product Availability and Descriptions. The purchase of products on the Website is subject to availability. Product images, descriptions, representations, warranties, guarantees and performance claims are provided by our vendors and are not independently verified by us. The accuracy of such representations is the sole responsibility of the vendors. We do not represent or warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. You may have certain statutory rights to cancel your order under applicable provincial consumer protection laws and we will respect all such applicable laws. In addition to these statutory rights, returns of product purchased on the Website are governed by our Return Policy below.
  3. Price. By placing your order, you agree to pay us the total amount set out in the checkout process. The total is quoted in Canadian dollars and includes shipping and handling fees, any applicable environmental or other additional fees, and applicable taxes. In the event that an item is listed on the Website at an incorrect price, we have the right to reject or cancel any orders placed for that item. We may either contact you for instructions or cancel your order and notify you of such cancellation.
  4. Quantity Limits and Dealer Sales. We reserve the right to limit the quantity of items purchased per person, per household or per order. We also reserve the right to prohibit sales to dealers or resellers.
  5. Shipping. We are not responsible for any loss or damage following shipment from our facilities to your delivery address. Shipping charges are non-refundable and taxes are charged according to applicable laws.
  6. Changes to the Terms of Sale. The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you place your order. We may modify the Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order, you must access, read and accept the Terms of Sale applicable to and governing that order.
  7. General. These Terms of Sale, together with the Terms of Use, Privacy Policy, and your online order, constitute the entire agreement between us with respect to any purchase made by you on the Website. If any provision of these Terms of Sale is held to be unenforceable for any reason, such provision shall be amended only to the extent necessary to make it enforceable and the other terms of these Terms of Sale shall remain in full force and effect. Our delay or failure to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. We shall not be liable for any delay or failure to perform any of our obligations under these Terms of Sale if such delay or failure is due to causes beyond our control including, without limitation, weather-related and other uncontrollable shipping delays. It is the express wish of the parties that these Terms of Sale and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

 

Return, exchange and product warranty policy

SERVICES: We offer a limited lifetime warranty that our repair of the device (including parts and labour) is free of defects and is fit for its intended use. This warranty: (i) includes the repaired part(s) only, and does not include further accidental damage to the repaired part(s); (ii) is applicable to the original owner only, and is not transferrable; (iii) applies only to normal use of the device for its intended purpose and in accordance with its usage instructions; and (iv) does not apply to improper care, normal wear and tear, or negligence, or if the device has been altered or repaired in any way by a party other than us. Should the repair contain a material defect, we will exchange, repair or replace the device and/or part(s) (at our option).

ACCESSORIES: If for any reason you are not entirely satisfied with your purchase of accessories, please return the item within 14 days of purchase for an exchange or refund of your unused item(s). The receipt and original packaging for the item are required for all exchanges or refunds. Any refunds will be issued in the original form of payment. For hygienic reasons, sales of earbuds and screen covers are final.

DEVICES: If for any reason you are not entirely satisfied with your purchase of a refurbished phone, please return the item in its packaging with the sales receipt within 14 days of purchase for exchange or store credit only. Device must be in the same condition in which it was purchased. Refurbished phones may be subject to a limited warranty on materials and workmanship. See warranty terms and conditions for details. ALL SALES OF NEW, UNLOCKED PHONES ARE FINAL. No exchanges or refunds will be accepted. Your new device may be subject to any warranty offered by the manufacturer.

IMPORTANT NOTE ABOUT MANUFACTURER’S WARRANTY: Use of our repair services may void your manufacturer warranty. Please review any information provided by the device manufacturer prior to submitting the device for repair. Nothing herein limits any applicable statutory warranties.

Refurbished Device 12 Month Limited Warranty

This Limited Warranty shall apply to refurbished phones (the “Product”) sold by Fixt Wireless Inc. (“Fixt”). Fixt warrants that, at the time of its original purchase and for 365 days thereafter (“Warranty Period”), the Product shall be free of defects in materials and workmanship, subject to the following terms.

This Limited Warranty is given only to the original purchaser of the Product (“Customer”), and may not be sold-on, assigned, transferred or given to any subsequent purchaser or acquirer of the Product.

In the event of Product failure during the Warranty Period, the Customer may take the Product and original PROOF OF PURCHASE to any Fixt location. Fixt will repair or replace such defective Product, subject to the following conditions:

      1. This Limited Warranty applies only to the hardware components of the Product as originally supplied and does not apply to any software or other equipment. This Limited Warranty does not cover physical damage to the surface of the Product including but not limited to cracks or scratches on the LCD screen or camera lens.
      2. Repair or replacement may involve the use of functionally equivalent reconditioned unit. Fixt will return the repaired Product or replaced with another functional equivalent Product to the Customer in good working condition. All replaced faulty parts or components will become the property of Fixt.
      3. If Fixt repairs or replaces the Product, the repaired or replaced Product shall continue to be warranted for the remaining time of the original Warranty Period.

To the Full Extent Permitted by law, This Limited Warranty Shall not Apply If:

      1. the Product serial number, the accessory date code the IMEI number, water indicator or the warranty seal has been removed, erased, defaced, altered or is illegible;
      2. the defect was caused by deterioration of the Product due to excessive wear and tear;
      3. the defect was caused by rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of Fixt (including but not limited to deficiencies in consumable parts including but not limited to buttons) unless the defect was caused directly by defects in materials or workmanship;
      4. the defect was caused by the fact that the battery has been short circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified;
      5. the defect was caused by a defective function of the cellular network or other system;
      6. the Product software needs to be upgraded due to changes in cellular network parameters; or
      7. the defect was caused by the fact that the Product was used with or connected to a faulty accessory not approved or provided by Fixt or used in other than its intended use and where it can be shown by Fixt that such defect is not the fault of the Product itself.

TO THE FULLEST EXTENT PERMITTED BY LAW, FIXT SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR COMMERCIAL LOSS, TO THE FULLEST EXTENT THAT THOSE LOSSES OR DAMAGES CAN BE DISCLAIMED BY LAW. FIXT AND ITS SUPPLIERS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE HARDWARE.

FOR COMMERCIAL CUSTOMERS: OTHER THAN THE LIMITED WARRANTY STATED ABOVE, TO THE FULLEST EXTENT PERMITTED BY LAW, FIXT DISCLAIMS ALL OTHER IMPLIED OR EXPRESS WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

FOR CONSUMERS: THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM PROVINCE TO PROVINCE OR JURISDICTION TO JURISDICTION. IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE, THEN THIS LIMITED WARRANTY SHALL BE CONSTRUED IN ACCORDANCE WITH ITS TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WAS NOT CONTAINED THEREIN. This Limited Warranty does not exclude nor limit any statutory rights of the Customer.

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