TERMS AND CONDITIONS FOR PURCHASE OF CERTIFIED REFURBISHED 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 (the "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 have access to the Cloud Service, 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 these Terms. These Terms constitutes a binding agreement when the Customer has accepted these Terms through the ordering process of the Product, subject to confirmation by reMarkable as mentioned in clause 2 below.
References in these Terms to “you” or “Customer” shall mean the person stated in the online order form available at reMarkable’s website www.remarkable.com.
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 service requires a valid Subscription Agreement. A standard subscription to the Cloud Service (“Standard Subscription”) is provided free of charge on a trial basis to the Customer upon the purchase of the tablet. reMarkable may in the future offer to its customers a variety of subscription options. reMarkable may in the future charge 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. Any such terms and conditions and pricing information applicable to the Cloud Service will be made available on www.remarkable.com.
1. DESCRIPTION OF THE PRODUCT
The description of the tablet and accessories, referred to as the (“Product”) in the following, is described on reMarkable's website. reMarkable is obligated to deliver the Product to the Customer in accordance with the description.
A refurbished Product is a pre-owned device. No refurbished Product is available for sale before completing the refurbishment process, whereby the Product is subject to quality and future performance inspections. Upon completion of the refurbishment process, the refurbished Product adhere to the same technical specifications and descriptions as new Products described on reMarkable’s website.
2. CONTRACT FORMATION
These Terms become binding on the Customer and reMarkable when the Customer has completed the order at reMarkable’s website.
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 week after the order was submitted.
Regardless of the foregoing, an agreement will not be binding on either party 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.
3. 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 Dollars, and include shipping and other fees. Customer is responsible for any sales, duty or other governmental taxes or fees due with respect your order. By providing a credit card or other payment method that reMarkable accepts, Customer represents and warrants that Customer is authorized to use the designated payment method and that Customer permits reMarkable (or a third party payment processor) to charge Customer’s payment method for the total amount of Customer’s order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order.
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 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 will 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 her/his representative, has taken possession of the Product. The risk of the Product passes to the Customer when she/he or her/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.
5. CANCELLATIONS; RETURNS
The Customer may only cancel the order as long as Customer’s request is granted prior to shipment (the “Cancellation Period”). If the Customer chooses to cancel the agreement during the Cancellation Period, the Customer is entitled to a full refund of the purchase price, but will lose access to the Cloud Service.
If the Customer cancels an order, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.
You may request to return any unused Products for a full refund within thirty (30) days of delivery. This right does not apply to any Products that have been abnormally used, damaged by you or are stated by us to be non-returnable, including any items or goods that have been personalized or modified in accordance with your instructions. The Products must be fully returned in the original packaging with the applicable proof of purchase and you will be responsible for the cost of returning the goods to us. If, on return to us, it is determined that the Products have been abnormally used, damaged, are missing components, or are not in a resalable condition we may charge a restocking fee, or otherwise reduce the amount of your refund to take account of this damage, abnormal use, or missing components.
6. LIMITED WARRANTY
If there is a defect in the delivered refurbished 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 refurbished Products must be made no later than one year after the consumer took possession of the refurbished Product, and the Customer must provide proof of the original purchase of the refurbished Product from reMarkable.
reMarkable will in such case revert with further information, hereunder the applicable process for determining whether the defect is covered by the limited warranty.
If reMarkable finds that the defect is covered by the limited warranty of this clause 6 reMarkable may in its own discretion, depending on the nature of the defect and other relevant circumstances, offer (a) replacement or (b) partly or full refund of the purchase price.
The remedies set out in this clause 6 shall be the only liability of reMarkable in case of defects in the delivered Product.
You agree to defend, indemnify and hold harmless reMarkable and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “reMarkable Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Products; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by reMarkable or a third party in relation to the Products, or (c) your violation of any applicable law or any rights of any third party related to your use of the Products.
8. LIMITATION OF LIABILITY
REMARKABLE PARTIES SHALL HAVE NO LIABILITY FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCTS, EVEN IF REMARKABLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REMARKABLE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PRODUCTS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
9. END-USER CUSTOMERS ONLY
reMarkable sells and ships Products to end-user Customers only. The Customer may not purchase Products from reMarkable for resale, and reMarkable reserves the right to refuse, cancel or delay the Customer's order if there are reasonable grounds to believe the Product is not being purchased for end use. Further, any rights pertaining to Customer under these Terms may only be invoked by the end-user being the Customer, and not by any entity or individual acquiring the Product by resale or otherwise from the Customer or other third parties.
10. 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., without limiting its rights under clause 3, reMarkable will retain the Products until payment is completed.
reMarkable may cancel the order 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.
11. PERSONAL DATA
reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product.
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 https://remarkable.com/legal/privacy-policy.
12. 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.
Please read the following clause carefully because it requires you to arbitrate certain disputes and claims with reMarkable and limits the manner in which you can seek relief from us.
Except for (a) any disputes regarding ownership or enforceability of intellectual property rights of a party; (b) any claim for injunctive relief; or (c) disputes in which either party seeks to bring an individual action in small claims court located in the county of your billing address, if the dispute meets the requirements to be heard in small claims court, you and reMarkable waive your rights to a jury trial and to have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in New York City, New York before and in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and reMarkable agree that any dispute arising out of or related to these Terms is personal to you and reMarkable and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and reMarkable agree that these Terms affect interstate commerce and that the enforceability of this clause 11 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and reMarkable agree that for any arbitration you initiate, you will pay the filing fee and reMarkable will pay the remaining JAMS fees and costs. For any arbitration initiated by reMarkable, reMarkable will pay all JAMS fees and costs. You and reMarkable agree that the state or federal courts of the State of New York in the United States sitting in the Southern District of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and reMarkable will not have the right to assert the claim.
You have the right to opt out of binding arbitration within fourteen (14) days of the date you received the product by sending an email to firstname.lastname@example.org. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with clause 13.
13. APPLICABLE LAW
These Terms and the purchase of the Product shall be governed by and construed in accordance with the laws of New York, U.S.A., without reference to its choice of law principles to the contrary. The 1980 UN Convention on Contracts for the International Sale of Goods or its successor will not apply to this Agreement. Subject to the dispute resolution clause 11, Customer hereby agrees that any disputes shall be referred to and finally resolved by the courts of located in the Southern District of New York, in the State of New York. The legal venue shall be the Southern District of New York, in the State of New York, U.S.A.
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: Biermanns gate 6, 0473 Oslo, Norway
Phone no.: 0047 23 65 24 40
Last updated: September 26, 2019.