Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to, and use of, this site are subject to the following terms and conditions and other applicable local and state law. If you do not agree to these terms and conditions or need further assistance regarding purchasing, please contact us prior to placing an order so special accommodations for future business can be discussed.  We value your business and wish to make every attempt possible to create and continue a solid and profitable relationship.

Phones are HANDSET ONLY!  NO BATTERY, DOOR, OR CHARGER!

Unless otherwise indicated, all phones in Power-On, Good LCD, Repair Stock, and Untested categories are PHONE ONLY and DO NOT include BATTERY, DOOR, OR CHARGER!.  If available, we list batteries and doors on the phone's product page.  To access, simply CLICK A PHONE'S PICTURE and add applicable upgrades to your sale.

 


ESN Numbers

ESN numbers are NOT guaranteed to be good and may or may not be on a carrier's lost/stolen/active blacklist or still active on a previous user's account. You may request ESN numbers at the time of sale by clicking a phone's picture and selecting the ESN option on the product page and we will check using a paid service any Verizon, Sprint, Nextel, Boost, or Virgin Mobile phone.  All other carriers we will email to you all ESNs for your selected items so you may contact the carrier to check the validity of the ESN.  We DO NOT ACCEPT returns for bad ESN once it is approved by you, the customer. There is a 24 hour window for ESN check responses.  If no response if given within 24 hours the sale will be sent as-is and no returns will be accepted for items you, the customer, have not responded to.

 

 

Site Admission

Vibe Wireless is is a members only site.  To gain access, simply create a user name and password for immediate access.  Vibe Wireless is intended to supply cellular phone dealers, agents, wholesalers, and repair centers with core goods.  Purchaser must present a valid business license prior to first orders being shipped.  Most customers are required to purchase a minimum of $10,000 per month to retain access to available inventory.  Product should only be purchased by those who have repair capabilities or are comfortable selling used product.  This site is not intended for consumer use or for purchases for personal use. End-Users wishing to activate a phone should not purchase from this site.
 

Payment

Credit card payments are set to "authorize at time of transaction" and are charged only at the time of shipping for the accurate amount needed to ship. While a hold is placed on the card for the original amount, the card is physically charged at the time of shipping.


PayPal overpayment will be refunded accordingly after the associated order(s) are sent. If we are not able to fill your order for any reason including but not limited to full test failures, battery/battery door inclusions, or cosmetic failures a refund will be made within 24 hours of the cancellation of any given sale on any PayPal payment.  In most cases, no notice will be given and your sale will be adjusted or canceled as necessary.


Refunds

No refunds on completed sales. If we are not able to fill your order for any reason including but not limited to full test failures, battery/battery door inclusions, or cosmetic failures a refund will be made within 24 hours of the cancellation of any given sale on any PayPal payment.  In most cases, no notice will be given and your sale will be adjusted or canceled as necessary.  All sales completed sales are final.  See Returns/Warranty Terms information for warranty claim and processing guidelines.

Order Cancellation
If orders cannot be filled they will be canceled without notice and any PayPal payments or credit card authorizations will be refunded/voided within 24 hours of the cancellation. Should you require notification of any cancellation please contact us via live chat, email (click the Contact Us link on the homepage) or via telephone.

Prepay / pickup / local orders not paid or picked up within 48 hours of original sale will be canceled without notification and future access to our inventory may be limited.

International Orders

No refunds.  All sales are final.  Payment is expected in full, including shipping costs, via wire transfer.  NO COD, NO Credit Card transactions for orders shipped outside of USA.

 

Returns/Warranty Terms
On applicable items, warranty period is 30-days from date of invoice unless otherwise indicated per category or sales upgrade if applicable, and excludes untested, repair stock, and any categories associated with "no testing" being performed.
  

Returns will be verified for claim and a credit will be applied for future sales.  No refunds, in-store credit only. Out of warranty product sent in will be subject to a 15%-20% restocking fee depending on actual purchase date and current market value. ESN numbers should and can be submitted for warranty approval if customer should require prior to submitting a warranty claim.


Items may not be returned because they "look bad".  Based upon applicable and chosen upgrades, Vibe Wireless sells non-broken, no missing parts/broken-missing parts and working/non-working in accordance with  the originating category.  Cosmetic upgrade guarantees no broken or missing case parts, not that the item will be free of signs of use, scratches, or general or obvious prior use. 


Value of returns/warranty items are applied as an in-store credit, useable for for future sales only.  No refunds.  All return/warranty credits are valid for a period of no more than 3 calendar months.  Any credits not applied during the 3 month period are forfeit and will not be usable.

 

Processing Time

Most sales ship within 72 hours. Special orders or sales upgrades may delay any given sale and could take up to a full 5-7 business days to ship. If we are not able to fill your order for any reason including but not limited to full test failures, battery/battery door inclusions, or cosmetic failures a refund will be made within 24 hours of the cancellation of any given sale on any PayPal payment.  In most cases, no notice will be given and your sale will be adjusted or canceled as necessary.


Prepay / pickup / local orders not paid or picked up within 48 hours of original sale will be canceled without notification and future access to our inventory may be limited.


Shipping Costs

Most shipping costs are generally higher or lower depending upon your method of payment.  The listed freight costs are an estimate and will be reduced or increased at the time of sale to accomodate live rates and handling fees.  Most COD orders will be automatically increased for carrier's COD fees and fuel surcharges for multiple delivery attempts COD Fees can drive a COD up between $10-$20 over listed freight costs so choose carefully.  Use a prepayment method of Pay Pal or Credit Card for reduced rates or supply your shipper number when prepaying to bill your existing UPS/FedEx account to take advantage of your negotiated rates with them.


Prepay / pickup / local orders not paid or picked up within 48 hours of original sale will be canceled without notification and future access to our inventory may be limited.

 Additional Fees

Vibe Wireless reserves the right to implement any fees without prior notice regarding any special request by customers.  Pricing will be confirmed at time of sale via verbal and/or written agreement. Confirmation of said pricing is binding.  Pricing and special conditions will be disclosed on final invoices and/or packing slips.  Any upgrade including but not limited to battery and/or battery door or any testing or cosmetic request made after a sale is completed online will have all charges associated with said upgrades applied to the final invoice for the appropriate additional fee(s).  Paid upgrade costs are visible by clicking a phone picture or "more info" in each item's description. 



 

Product Conditions

 

General Condition(s)

All cellular phones, unless indicated otherwise by category or agreement, are handset only and do not include battery, battery door, or charger.  Battery and battery door, if in stock, are available at an added cost.  Chargers are never available.

 

Phones may or may not need new case parts and may be missing components and/or operational parts included, but not limited to keypad, antenna, lens, charging port, earbud jack, sim card tray, etc.

 

As moisture wicks are not a true identifier of water damage, we do not initially fail for an activated moisture wick for phones or batteries.  Any obviously water damaged phones are failed regardless of electronic functionality and classified as repair stock.


Batteries are sold as-is and are untested, no warranty/no return.


 

Paid Upgrades

Paid upgrades are available for the inclusion of batteries and/or doors as well as cosmetics (physical condition) to prevent the receipt of broken phones regarding case parts.  Full test upgrades are available for all categories except repair stock. As these upgrades involve further testing or handling, orders may be shorted due to final outcome of paid upgrade success.  Click any product's picture or the "more info" text next to the item pictures.  If we are not able to fill your order for any reason including but not limited to full test failures, battery/battery door inclusions, or cosmetic failures a refund will be made within 24 hours of the cancellation of any given sale on any PayPal payment.  In most cases, no notice will be given and your sale will be adjusted or canceled as necessary.

 

Freight Costs/Handling Charges

Freight Costs shown are generally higher than final amounts and are adjusted at the time of shipping if required.


Refused Shipments

Any and all refused/returned shipments will be subject to a 15% handling fee as well as applicable freight costs associated with "to and from" costs. Unless it is obvious Shipper or Carrier fault, any refused/returned shipments which are resent will have the 15% handling fee waived, but all original and subsequent freight costs will be added to the new total.  Any refused/returned shipments which are not resent will be subject to an account charge of a 15% handling fee as well as all original "to and from' freight costs.  To avoid these fees, please ensure you keep track of and accept your orders.  Tracking numbers are available by request anytime.

 

Wholesale Category Definitions and Warranties
 

Power-On, Good LCD - Handset only, tested and passed (where applicable) for:

1. Power on

2. Visible signal strength

3. Working LCD (inner and outer if applicable)

 

As-is cosmetic condition. Handsets may or may not need case parts replaced and may or may not be missing case parts including but not limited to buttons, keypad, front or back housing, charging port, earbud jack, antenna, etc. All handsets are used and will show typical signs of use.

 

Chargers are not available.

 

Battery and battery door may be available, but for an additional fee.  See terms of use and Paid Upgrade options.  Subject to availability. Battery sales are not permitted outside of USA if sent by Air.  Orders via freight/ship are acceptable. Batteries are sold as-is and are untested, no warranty/no return.

 

Paid upgrades are subject to availability and may or may not be available.  Orders will be reduced based off of actual quantities available.

 

30-day warranty. Handsets may have other functional issues and should be purchased only by those capable of repairs if needed.  Acceptable returns are for failures regarding the listed tests above.  All RMAs must be pre-approved prior to sending in for processing. RMA's submitted for failures other than what tests are listed above will immediately be declined. See warranty section of our Terms of Use for full disclosure.


Repair Stock - Handset only, tested and failed for one or all functional tests.  As-is cosmetic condition. Handsets may or may not need case parts replaced and may or may not be missing case parts including but not limited to buttons, keypad, front or back housing, charging port, earbud jack, antenna, etc. All handsets are used and will show typical signs of use.Handsets do not work and need to be repaired by a qualified technician.  Vibe Wireless DOES NOT attempt any repair and simply classifies as "non-working" goods.  No warranty, no return.  Does not include battery, door, or any other accessory.

 


Carrier Return Kits - Carrier Return.  May be in either a generic white or original box.  No guarantee which.  Complete with phone and aftermarket or OEM battery and charger.  May or may not have a manual. 30-day warranty.  May be locked to a specific service provider.  Purchaser MUST notify their sales representative if a specific carrier compatible phone is needed if not categorized as such.  Returns will not be accepted if we are not notified and a phone is received not compatible with your carrier.
 

 

Limitation of Liability
Vibe Wireless shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Vibe Wireless has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Vibe Wireless product is mistakenly listed at an incorrect price, incorrect quantities, or any error affecting original terms of sale Vibe Wireless reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Vibe Wireless reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Vibe Wireless shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Vibe Wireless without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Vibe Wireless may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Vibe Wireless.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Vibe Wireless products) shall be in the state or federal courts located in Marion County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Vibe Wireless products) must be commenced within one (1) year after the claim or cause of action arises. Vibe Wireless's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Vibe Wireless may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Vibe Wireless or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Vibe Wireless does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Vibe Wireless is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Vibe Wireless reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Vibe Wireless in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Vibe Wireless, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Vibe Wireless may link to sites operated by third parties. However, even if the third party is affiliated with Vibe Wireless, Vibe Wireless has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Vibe Wireless. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Vibe Wireless seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Copyright
Vibe Wireless.com is owned and operated by Vibe Wireless, Inc. The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Vibe Wireless. The collective work includes works that are licensed to Vibe Wireless. Vibe Wireless ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Vibe Wireless or purchasing Vibe Wireless products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Vibe Wireless or to purchase Vibe Wireless products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Vibe Wireless. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Vibe Wireless used in the site are trademarks or registered trademarks of Vibe Wireless.


Site Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Vibe Wireless disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Vibe Wireless does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Vibe Wireless does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

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