Terms And Conditions
Children’s Privacy (18 years of age)
If you are under 18 we do not recommend using our site without parental consent or supervision. We do not knowingly collect information from children under the age of 18, and if such information is obtained we will take the appropriate steps for the information to be removed. For removal of information the legal guardians can contact Cell Giant by emailing customer support at email@example.com.
Upon purchasing a product, registering, or creating an account; any personal information you provide us is your consent to the transfer and storage of that information.
Cell Giant may collect and store the following personally identifiable information:
- Name, Billing and shipping address, email address, and financial information, such as credit card or bank account numbers;
- Transactional information based on your activities on the site; and Billing, shipping, and other information you provide to purchase a product from Cell Giant.
The information stated above is also collected when you search, buy, communicate with customer service, or contact Cell Giant in any other way including but not limited to: written mail, email, telephone, fax.
Cell Giant may use your information to improve the site content and services. If you don’t wish to receive marketing communications from us, you will have the option to “unsubscribe” by clicking on the unsubscribe link at the bottom of an email.
Disclosure of Information
We respect the privacy of personal information. Therefore we will never share your personal information with third parties unless it is necessary for the operations of our company or for a user’s personal protection; however, we may share your personal information with:
- Law enforcement or other governmental officials in response to a verified request relating to a criminal investigation or alleged illegal activity;
- Registered business service providers under contract who help with business operations such as, but not limited to, companies providing payment processing, bill/debt collection, customer support, fraud investigations, merchant services, and marketing services.
- Affiliated companies or other businesses or persons to provide web site hosting, provide maintenance and security services to execute transactions, conduct data analysis and create reports, and assist Cell Giant in improving services or products and creating new services or offering new products, features, or functionality;
- Other business entities should there be a merger or acquisition by another business entity.
Cell Giant uses your information that we collect to operate, maintain, enhance, and provide all of the features and services found on CellGiant.com, including potentially sending you marketing emails, as well as to track user-generated content and users to the extent necessary to comply with applicable laws. We may use your email address or phone number(s), without further consent, for administrative communications such as notifying you of Cell Giant updates, for customer service purposes, debt collection, and to send privacy or security related notices. Cell Giant uses all of the information that we collect to understand the trends and preferences of our customers, to improve our services and products.
Cell Giant may use any automatically collected information such as cookies to: (i) remember your information so that you will not have to re-enter it during your visit or the next time you access the Cell Giant website; (ii) provide customized content, services and information; (iii) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; (iv) track your entries, submissions, and status in any promotions or other activities; (v) provide services and customer support; (vi) resolve disputes, collect fees, and troubleshoot problems; and (vii) prevent potentially prohibited or illegal activities, and enforce our User Agreement.
Protecting Your Account
Your password is important because it serves as a key to access your account. Do not disclose your password to anyone. When selecting your password, use unique letters (upper and lower case), numbers, and characters. If you share your password or your personal information with others, you are responsible for all actions taken in the name of your account, and may jeopardize the security of your personal information. If your password has been compromised for any reason, you should immediately contact us at Support@cellgiant.com and go to the website and change your password.
You can see, review and change your personal information by logging in to cellgiant.com or by emailing us at Support@cellgiant.com. Please keep your personal information up to date. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce the Cell Giant User Agreement, and take other actions otherwise permitted by law. If you wish to cancel your account, remove your credit card information, or request that we no longer use your information to provide you services contact us at the email address listed above. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
The security of your personal data and payment information is important to us. Cell Giant uses commercially reasonable security tools to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications. We cannot ensure the security of any information you transmit to Cell Giant, and you do so at your own risk. Once we receive your transmission of information, Cell Giant makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Cell Giant learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices, as any of these practices may change.
Last Updated June 15, 2019
We encourage users to read and understand the terms and conditions set forth in this User Agreement (herein after termed “Agreement” or “User Agreement”). Cellgiant.com is owned and operated by Cell Giant LLC, also referred to as “Cell Giant” includes a platform for the purchasing of consumer goods.
Cell Giant reserves the right to change, modify, add, or remove portions of this User Agreement at any time by posting the amended terms to the Cell Giant Website. Please check this User Agreement and any Policies periodically for changes. You accessing the Cell Giant website after the posting of changes constitutes your binding acceptance of such changes.
Registering for an account with Cell Giant, on our website: www.cellgiant.com will consider you a user of Cell Giant. As a user you will be responsible for safeguarding your password and keeping your account information accurate and current. You agree to notify Cell Giant of any loss of your password or account identifiers and any unauthorized use of your password or account identifiers. You acknowledge and agree that Cell Giant is not liable for unauthorized transactions or withdrawals made from your Cell Giant account due to any failure of you to keep your password credentials secret. You acknowledge and agree that Cell Giant will have no responsibility or liability, directly or indirectly, for failure to deliver notices or payments that result from inaccurate account information.
Cell Giant will never charge unauthorized fees not agreed upon by users; however, all fees agreed upon by users by clicking to purchase a product or service must be paid on time to Cell Giant LLC or additional charges may be incurred.
Every item purchased must be paid in full before the item is shipped out either by credit card, debit card, or PayPal. Payment includes the price of item, a shipping charge, and any taxes that apply.
You are responsible for the use of the purchased product and any and all damages, costs, claims, liability, charges, fees (collectively, the “Liabilities”) associated with or the use of the purchased product, and you agree to indemnify and hold harmless Cell Giant and its members, officers, employees and agents from all such Liabilities.
V. One Year Warranty
Devices including, and limited to: phones, tablets, and computing systems are covered with a one (1) year limited functional warranty. The one-year limited functional warranty covers any functional defects to the device not caused by External Factors. The one-year limited warranty begins the date of purchase of the device, and ends in exactly one year from that date. The limited warranty will only be valid if the device is returned and delivered by the end of the year term with a valid proof of purchase. If a valid proof of purchase is not provided, it may delay or void the limited warranty. External Factors are outlined in this Agreement as:
- Damage to the device from continued consumer use including: wear, scratches, dents, dings, screen displacement or cracks, discoloration, bent devices, etc. not present before purchase;
- Additional hardware or software purchased elsewhere;
- Damage caused by accident, abuse, misuse, liquid contact, fire, or other external cause
- Defects caused by normal wear and tear or otherwise due to normal aging of the device
- If any serial number has been removed or defaced
- Consumable parts such as battery designed to diminish over time, unless failure is due to a defect in materials or workmanship
- Device has been damaged due to installation, repairs, alteration, or modification by unauthorized service organizations or persons.
If the device is returned with any signs of damage or defect caused from External Factors, Cell Giant may hold the right to deny a replacement device or ask for additional payment.
If you need to return your device for repair please make sure to backup your device. The device must be returned wiped of all data and all accounts upon return. Cell Giant is not responsible for any lost or missing data from the device if returned without being reset. You must erase all of your content to remove any activation lock from iCloud. Failure to remove activation lock or carrier lock will result in no refund or exchange.
Cell Giant is not required to pay for any shipping fees associated with returning the device. The device must be returned to Cell Giant’s shipping address or an associated partner address that will be provided for shipping. If the device is lost or
stolen in transit, Cell Giant and their affiliates, will not be held liable. The one-year functional warranty will not provide any cash reimbursement for the devices. The one-year warranty will either fix and return the original device, or replace with a device that is equal to the current value of the returned device.
DISCLAIMER: THE ONE-YEAR FUNCTIONAL WARRANTY IS NOT PROVIDED BY CELL GAINT. THE WARRANTY IS PROVIDED BY E-REPLACEMENTS, AN AFFILIATED PARTNER TO CELL GIANT. ALL WARRANTY REQUESTS ARE TO BE APPROVED BY E-REPLACEMENTS, IN THEIR SOLE DISCRETION. CELL GIANT WILL NOT BE HELD LIABLE TO REPLACE ANY DEVICE UNDER THE ONE-YEAR FUNCTIONAL WARRANTY.
VI. Disputes, Return Policy, and Product Description
6.1 In cases where you are unsatisfied with the purchased product including: item is not in described condition or item has functional problems, you must contact us for a replacement within 30 calendar days of date of purchase. The item will then be replaced within to up to 15 calendar days. If purchased product contains damage not covered by Cell Giant’s 30 days warranty, set forth in this Agreement, extra charges may be applied or return may be denied.
6.2 You have the opportunity to return the item or items purchased up to 7 calendar days after the receiving the item; however, you will be responsible for any or all shipping costs associated with the return. The item must also be returned in its original condition, Cell Giant hold it’s right to deny any return if device exhibits any signs of damage or misuse; including but not limited to cracks, scratches, dents, dings, water damage, Icloud locks, carrier locks, replaced parts, etc.
6.3 If phone is lost while being shipped to you in transit from Cell Giant we will replace the lost item. We do not cover any losses of phone being shipped back to us from you.
6.4 Devices sold to and purchased by consumers on the Cell Giant site are previously used devices, the conditions of these devices may vary and may contain wear to the device including but not limited to: scratches, dents, dings, moderate wear, discoloration, etc. Photos of the devices on the Cell Giant Website are not actual photos of the device(s) customers will receive, just representations. Cell Giant does not manufacture the devices sold on the Cell Giant site, and does not own the rights to the product logos or intellectual property.
Disclaimer Of Warranties And Limitation Of Liability
THE CELLGIANT SITE AND ALL INFORMATION, CONTENT, SERVICES, AND PRODUCTS ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, UNLESS OTHERWISE STATED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, SERVICES, AND PRODUCTS,
INCLUDED OR MADE AVAILABLE TO YOU, UNLESS OTHERWISE SPECIFIED IN WRITING.
WE DO NOT WARRANT THAT THE CELLGIANT SITE INFORMATION, CONTENT, SERVICES, AND PRODUCTS, OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ORTHEREON, WHETHER DELIVERED THROUGH THIRD PARTIES, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OUR SITE OR APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (I) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY AND (II) $100.
You hereby agree to indemnify, defend and hold harmless Cell Giant and its officers, directors, agents, subsidiaries, and employees harmless from any claim, proceeding or demand, including reasonable attorneys’ fees, made by any third party due to or arising from breach of this User and Lease Agreement, or your violation of any law or the rights of a third party.
This User Agreement, whether interpreted in a court of law or in arbitration, shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. Any dispute arising out of or relating to this User Agreement or your access or use of the Cell giant Site will be subject to the exclusive jurisdiction of the state and federal courts located within Bucks County, Pennsylvania, and you hereby submit to the personal jurisdiction of such courts. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CELL GIANT WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
©2019 Cell Giant, LLC. All Rights Reserved. Cell Giant is not affiliated with nor has it been authorized, sponsored, or otherwise approved by the manufacturers of the items available for purchase on this site. Cell Giant and the Cell Giant logo are trademarks of Cell Giant, LLC. All other trademarks, logos and brands are the property of their respective owners. Cell Giant, LLC