TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES
Remarkable AS, organization number 917 352 836 MVA, (“Remarkable”) has developed and sells computer tablets and accessories. The tablets are connected to software through an Internet-based cloud service that allows users to automatically and securely back up and synchronize their work between different devices (such as computers, mobile phones etc.). In order to use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement which gives the customer access to the cloud service (the “Subscription Agreement”). The tablet, as well as all accessories sold with the tablet or separately, are sold pursuant to these terms and conditions for purchase (the “Terms”).
The Customer acknowledges to have read and understood the Terms. These Terms constitutes a binding agreement when the Customer has accepted the Terms through the ordering process of the Product, subject to confirmation by Remarkable as mentioned in clause 2 below.
References in the Terms to “Customer” shall mean the person stated as “buyer” in the online order form available at Remarkable’s website.
The Customer acknowledges that in order to get access to the cloud service the Customer must purchase a tablet. The Customer further acknowledges that use of the cloud solution requires a valid Subscription Agreement. A standard subscription to the cloud service (“Standard Subscription”) is provided free of charge to the Customer upon the purchase of the tablet. Remarkable may in the future offer to its customers an upgraded cloud service with additional features (“Premium Subscription”). Should the Customer wish to upgrade his or her Standard Subscription to a Premium Subscription, Remarkable may charge the Customer a subscription fee. Any such subscription fee will be paid for by the Customer in addition to the purchase price for the tablet in accordance with the Subscription Agreement applicable to such Premium Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available on Remarkable.com.
DESCRIPTION OF THE PRODUCT
The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on www.remarkable.com Remarkable is obligated to deliver the Product to the Customer in accordance with the description.
The Terms becomes binding on the Customer when the Customer has completed the order at Remarkable’s website. The purchase becomes binding upon Remarkable once Remarkable has sent an order confirmation to the Customer after having received the order.
All orders are subject to acceptance by Remarkable at its discretion. If Remarkable refuses to accept an order, it shall inform the Customer of such refusal by e-mail within one month after the order was submitted.
Regardless of the foregoing, an agreement will not be binding on Remarkable if the offer from Remarkable provided to the Customer in the ordering process or the Customer’s order contains a typing error, and the other party knew or should have known that such error existed, or if the Customer has provided incorrect payment or delivery information.
PRICE AND PAYMENT TERMS
The total purchase price for the Product is displayed in the ordering process. The Product is paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in US Dollar or applicable local currency, and include shipping and other fees. However, local VAT and duties may apply in your jurisdiction.
After the order is placed a confirmation that the agreement is entered into will be sent to the e-mail address provided by the Customer in the ordering process. The Customer will also receive a copy of these Terms.
The product is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The cost of shipping is detailed in the ordering process.
The estimated dispatch and delivery date will be stated in the ordering process on Remarkable’s website. The delivery date will depend on the selected shipping option and delivery point, as well as the time of payment. The Customer acknowledges that delays to the estimated dispatch and delivery date may occur. Remarkable shall not be held liable for delays to the estimated delivery date provided the Product is delivered within 60 days of such estimated delivery date.
The product must be delivered to the delivery address specified by the Customer in the order form. The Customer is responsible for ensuring that the correct address is registered at all times, and Remarkable shall not be liable for any loss resulting from the Customer’s failure to update his delivery address.
Delivery has occurred when the Customer, or his representative, has taken possession of the Product. The risk of the Product passes to the Customer when he or his representative has received the Product. If the Product is not collected or received on time, and if this is due to the Customer or circumstances related to the Customer, the risk passes to the Customer when the item is at his disposal and the failure to take possession of the Product constitutes a breach of contract by the Customer. Remarkable reserves the right to charge the Customer for extra shipment costs due to Customer’s failure to collect the Products in time.
RIGHT TO CANCEL
The Customer has the right to request a cancellation of the order within 45 days of entering into the agreement (the “Cancellation Period”). If you choose to cancel the agreement you are entitled to a full refund of the purchase price, but you will lose access to the cloud service.
You are not required to provide a reason for the cancellation. If you wish to use the right to cancel, you or complete the attached standard cancellation form and submit the form to us by uploading an electronic form on our website, by e-mail or by post in accordance with clause 11 below. More information on the right to cancel as well as our standard cancellation form is attached to these Terms as Appendix 1.
If the Customer makes use of his right to cancel, any Subscription Agreement will automatically be terminated.
DELAY AND DEFECTIVE DELIVERY – THE CUSTOMER’S RIGHTS AND DEADLINE FOR COMPLAINTS
In the event of a defective delivery or a delayed delivery in accordance with clause 4 above, the Customer may claim the remedies available in accordance with applicable consumer purchasing legislation, including (if and as provided for by applicable laws) fulfillment of the contract, rectification, delivery of substitute goods or price reduction, termination or compensation. If there is a defect in the delivered Product, the consumer must, within a reasonable time after he or she discovered or should have discovered such defect, inform the seller that he or she will make a claim. Claims relating to defective Products must be made no later than two years after the consumer took possession of the Product.
To the extent permitted by applicable laws, Remarkable excludes its liability for any indirect or consequential damages caused by any defect or delay, except for damages caused intentionally or by gross negligence.
SELLER’S RIGHTS IN THE EVENT OF DEFAULT BY THE CUSTOMER
In the case of non-payment under clause 3 or other breach by the Customer, including if a payment is rejected by the payment agent or the Customer’s bank or if a payment is disputed or recalled by the Customer’s bank, etc., Remarkable will retain the goods until payment is completed.
Remarkable may cancel the purchase due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding 30 days is considered to be a material breach of contract.
Remarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, Remarkable may claim interest on the purchase price pursuant to applicable law. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be held liable for a fee in accordance with applicable law.
Remarkable may also claim compensation for the loss Remarkable suffers as a result of a breach on the part of the Customer.
Remarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product. The data is processed only to allow Remarkable to fulfill its obligations pursuant to these Terms, and will not be disclosed to third parties unless such disclosure is necessary in order to allow the seller to enter into the agreement with the Customer or if required by law.
For further information on Remarkable’ s processing of personal data, including information about your rights as registered, please refer to Remarkable’ s Privacy Protection Statement, which is available at www.remarkable.com/legal or here.
COMPLAINTS AND DISPUTE RESOLUTION
If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product, Remarkable’ s Customer Service may be contacted by use of an electronic form on our webpage.
If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, Remarkable will submit this to the Customer upon request.
These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of Norway. Any disputes shall be referred to and finally resolved by the courts of Norway. The legal venue shall be Oslo City Court.
The seller and supplier of the Product is Remarkable AS, organization number 917 352 836.
Remarkable is registered in the Register of Business Enterprises in Norway.
Remarkable’s contact information is:
Address: Pilestredet 75C, 0354 Oslo, Norway
Phone no.: 0047 23 65 24 40