Motorola Terms Of Sale

Why buy from Motorola? We make it simple, with 14-day returns on devices, and free tech support.

Thank you for your Motorola purchase.

We’re looking forward to having you as a Motorola customer, and want to ensure you have all the information you need to make informed decisions. These Terms apply between you and Motorola Mobility Canada Ltd., a subsidiary of Motorola Mobility, LLC (collectively, “Motorola”) when you buy smartphones (each, a “Device”) or accessories (each, an “Accessory”) from this site. It’s important that you read these Terms carefully. If you place an order for a Device or Accessory from this site, you are agreeing to be bound by these Terms of Sale, as well as to our website Terms of Use. Remember, if you buy a smartphone, accessory, or other device from somewhere other than this site, different terms of sale might apply.

Shipping

We currently use a variety of shipping companies to get your items to you as soon as possible. Shipping charges may apply to your order.

If your Device arrives damaged, let us know within fourteen (14) days so we can arrange an exchange or refund. If you order more than one Device or Accessory, they might arrive at different times. You won’t be charged for an item until it leaves our building. When you buy a Device or Accessory through this site, it’s yours as soon as it arrives. If you lose it after you’ve received it, you or your carrier’s insurance plan bear the responsibility for replacement.

Unfortunately, at this time we can’t ship to P.O. boxes.

Hassle-free Returns

We’re confident you’re going to love your Device and Accessory, but just in case, we make returns simple. All in-warranty smartphones sold on this site can be returned for a refund within fourteen (14) days of the date of delivery.

All other products sold on this site, including Motorola-branded accessories and third-party accessories can be returned for a refund within fourteen (14) days from date of delivery. All third-party accessories must be unopened and undamaged.

To start a return for a refund, follow the instructions in the box, or call us at 1-800-734-5870. We’ll generate a Return Merchandise Authorization (RMA). Do not return an item without getting an RMA, as this will slow things down.

As long as you initiate a device return within fourteen (14) days of delivery, we’ll pay the return shipping costs. Of course, if you bought an item on sale or at a promotional discount, you’ll be refunded that discounted price.

Customer Care/h5>
Motorola provides FREE technical support for your Moto Device. Many issues can be resolved by visiting our Support site, full of troubleshooting tips and flows. If you have a more complex problem, our customer care techs can remotely access your device to set things right (all with your permission, of course). It’s our mission to get you back in business as soon as we can.

Purchase & Payment Terms

As a retailer, we only support sales to consumers buying for themselves or others as gifts. We do not authorize reselling of Devices or Accessories purchased on this site for commercial purposes. Warranty, support, and any other services provided are not transferable if you resell Devices or Accessories purchased from this site.

We accept major credit and debit cards, as well as other forms of payment. As a purchaser, you’re responsible for taxes, fees, and of course, your monthly plan. When you place an order, you permit Motorola to charge the payment method in the total amount of your order to accommodate these costs, including any applicable taxes or shipping and handling charges.

Prices displayed on the site do not include applicable shipping and handling charges or taxes. Final prices will be displayed at checkout.

Pricing Mistakes

We do our best to display prices accurately and correctly at all times. If a pricing mistake occurs on the site, you agree that Motorola will not be bound by that incorrect price, unless you have already been charged. If we notice a mistake and you haven’t been charged yet, we will let you know the correct price, and you can decide whether or not to continue with your order at the correct price.

Service Plan

In order to activate your Device, you’ll need to get a service plan. Those come from different companies, not Motorola. Your plan agreement will be between you and them. Be aware that mobile carriers might charge you for canceling your plan early.

Data And Deactivation

People put a lot of data on their Devices: pics, music, emails, videos, texts...the list goes on and on. We can’t be responsible for that data. It’s no fun to lose files you like, so please make sure you manage your data and back it up in a way that makes you confident it’s properly protected.

Restrictions

We want to make sure there are plenty of Devices to go around. We may place restrictions from time to time on the number of Devices you can order. Thanks for understanding.

Depending on where you are, Devices may be subject to import and export laws and regulations. Please comply with all domestic and international import and export laws and regulations that apply to the use of your Device or Accessory. These laws may include restrictions on destinations, users, and end use.

Rules, unfortunately, are rules. You may only use the Device and Accessory in accordance with the instructions and licenses that come with it, including instructions and licenses that may be available online. Motorola may provide software updates/upgrades to help your Device and services to function properly, and the use of that software may be subject to additional licensing terms.

Limited Warranty

We want you to get the most out of your Motorola products. That’s why we protect them with a limited warranty. You can read the current Motorola limited warranty information here. To respond to issues that may or may not be out of our control, Motorola reserves the right to change its warranty at any time. Some provinces don’t allow a limitation on how long an implied warranty lasts, so some limitations may not apply to you. Our limited warranty gives you specific legal rights; and depending on the province in which you live, you might also have other rights.

Motorola Devices and Accessories are only under full warranty in the country where they were intended for sale. That’s why we don’t recommend buying a Device or Accessory in one country for use in another.

Unfortunately, Motorola can’t provide a warranty for third-party accessories. To get warranty info about those products, refer to the warranty that came with their packaging, or visit their manufacturers’ website.

Limitation Of Liability

OTHER THAN THE WARRANTIES WE LIST IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTOROLA AND THE DEVICE AND ACCESSORY MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES AND ACCESSORIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTOROLA AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, "MOTOROLA PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE, ACCESSORY OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A MOTOROLA PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOTOROLA PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE, ACCESSORY OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO MOTOROLA UNDER THESE TERMS.

Governing Law; Arbitration And Opt-out

This Terms of Sale shall be governed by and construed in accordance with the laws of Ontario, Canada. Any controversy or claim arising out of or relating to these terms or any products or services sold or distributed through this site will be resolved by binding arbitration, instead of in court. The arbitration will take place in a location determined by the arbitrator as set forth in these terms (provided that such location is reasonably convenient for claimant), or a different location as may be mutually agreed upon by the parties. The arbitration will be conducted under the rules and procedures of the general Canadian Arbitration Association Rules for Arbitration (“CAA Rules”). The arbitrator shall apply the substantive law, including the conflicts of law, of Ontario, Canada. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the CAA Rules. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Motorola will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the Canadian Arbitration Association, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Motorola shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to the arbitration will have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS TERMS OF SALE SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

Your right to reject: If you do not want this Arbitration provision to apply, you may reject it by mailing or emailing a written rejection notice which describes this Arbitration provision, includes your name, address, phone number, Device, and Device serial number, date of purchase, and tells Motorola that you are rejecting this Arbitration provision to: arbitration@motorola.com. A rejection notice is only effective if it is signed by you and Motorola receives the notice within thirty (30) days of purchase. If you do not reject this Arbitration provision within this thirty (30) day time period, you will not be able to reject it at a later date. If you reject this provision, that does not affect any other provision of these terms or your ability to use the Device. If you do not reject this Arbitration provision, it will be effective as of the date of purchase.

Other Considerations

There are a few limitations we have when it comes to shipping: We can only ship to Canadian addresses, and we can’t send to P.O. boxes or accommodate freight forwarding. If you live in a country outside of Canada, we recommend using our country locator to see what Motorola Devices and Accessories are available for sale in your market. Motorola may opt not to ship Devices and Accessories to certain addresses, and in rare instances, Motorola reserves the right to reject your order. How will you know if we’ve accepted your order? We’ll ship you your items!

Other important things to keep in mind:

We do not sell to minors.
We do our best to get you your items as quickly as possible, but delivery dates or times provided by Motorola or our delivery agents are estimates only.
If there’s one thing that’s constant, it’s change. All features, content, specifications, devices, accessories and prices of devices, accessories, and services described on the website are subject to change at any time.
By purchasing a Device or Accessory, you warrant it will be used only in a lawful manner.
The Terms of Sale in effect at the time you place an order for the Device or Accessory will apply. We reserve the right to make changes to these Terms of Sale from time to time, and any such changes will apply to future orders.
If it turns out that a particular term of these Terms of Sale is not enforceable, this will not affect any other terms herein.
Neither party will be responsible for any delay or failure to comply with these Terms of Sale if the delay or failure arises from any cause which is beyond its reasonable control. If you do not comply with these Terms of Sale, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
Since we’re primarily a smartphone manufacturer, there are aspects of the mobile industry we have no influence over. If your signal is weak or you drop a call, that’s an issue with your network that Motorola, unfortunately, has no control over. Similarly, we have no involvement in the billing on your plan or any other aspects of subscription services.
Also, we work hard to accurately depict how our products look on our website. But sometimes, computer or mobile screens can’t reproduce the images with 100 percent accuracy, particularly the colors you see.