TERMS AND CONDITIONS FOR PURCHASE OF PAPER TABLET AND ACCESSORIES
reMarkable AS, a company incorporated in Norway, organization number 917 352 836 MVA, (“reMarkable”) has developed and sells computer tablets and accessories. The tablets may be 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 use the tablets the customer must purchase or have access to a tablet and in addition enter into a separate subscription agreement should the customer wish to have 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“Customer”shall mean the Company stated on the order confirmation.
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 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 Subscription. Any such terms and conditions and pricing information applicable to the cloud service will be made available to the Customer, either by e-mail or on www.remarkable.com.
1. DESCRIPTION OF THE PRODUCT
The description of the tablet and accessories, referred to as the (“Product(s)”) 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
After initial orientation of the Products on www.remarkable.com and upon placing an Order on www.remarkable.com/store stating the wanted Product(s) and quantity, the Customer’s representative provide contact, shipping, billing and payment information and warrant that they are authorized to order on behalf of Customer. The Terms herein are accepted and become binding on Customer when Customer choose to “Place order” in the ordering process. An order confirmation including a tax invoiceis then sent to the Customer’s e-mail. A tax invoice is generated by us when contacting email@example.com.
All orders are subject to acceptance by reMarkable at its discretion. Given larger quantity request, reMarkable may have to limit the number of Product(s) available for purchase, even after an order confirmation is received by Customer. In the event we cannot supply all Products ordered, reMarkable will revert back to Customer with the option of partial delivery including partial refund or cancel the Order and refund your purchase in full.
Regardless of the foregoing, an agreement will not be binding on either party if the price listed by reMarkable 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 and shipping is displayed in the ordering process on www.remarkable.com/store. The Product and shipping is paid in advance and in accordance with the payment option chosen by the Customer in the ordering process. 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/or other charges.
All prices are quoted in local currency or US Dollars. The price includes taxes where applicable, however, Customer is responsible for any sales duty, or other governmental taxes, or fees due with respect to the order. If the payment method cannot be verified, is invalid or is otherwise not acceptable, the Customer’s order may be suspended or cancelled. Customer must resolve any problem reMarkable encounters in order to proceed with Customer’s order.
After acceptance of an Order, an order confirmation and tax invoice 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 and to be paid by the Customer, if so stated.
The estimated dispatch and delivery time will be stated in the web store. Delivery tracking is provided to Customer’s e-mail shortly after order confirmation. 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 has no liability for any such delays.
The Product will be delivered to the delivery address specified by the Customer in the order form. The Customer and its representative 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 provide its correct delivery address.
Delivery has occurred when the Customer, or its representative including any individual on the designated delivery address, has taken possession of the Product. The risk of the Product passes to the Customer when its 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 Product is at its 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 and handling costs due to Customer’s failure to collect the Products in time.
5. CANCELLATIONS; RETURNS
The Customer may withdraw from contract in full within 30 days of delivery and thereby return undamaged tablets and accompanied/corresponding accessories for a refund, given that the conditions in this clause are met.
If the Customer wish to withdraw from contract, the Customer must send an unequivocal notice stating this intent to firstname.lastname@example.org within 30 days. The Customer must then complete the return steps as requested by reMarkable when confirming receipt of such unequivocal notice to withdraw. reMarkable’s return process is described on www.remarkable.com, however, slight changes might occur for larger orders. All products must be returned within 14 days after notice is sent to be eligible for a full refund.
Unless otherwise clearly stated by reMarkable in the web store, reMarkable reserves the right to charge the Customer a restocking fee to any return invoked under this clause. reMarkable reserves the right to charge the Customer a shipping and handling fee. If, on return to us, it is determined that the Products are damaged, been subject to unauthorized modification, are not in a resalable condition and/or are missing components, an amount equal to the estimated value loss, may at reMarkable’s sole discretion be deducted from the amount of Customer’s refund.
Damage covered by the limited warranty under clause 6 is not subject to such reduction.
If the Customer withdraws from contract, any Subscription Agreement between reMarkable and the Customer will automatically be terminated..
6. LIMITED WARRANTY
If there is a defect in the delivered Product, the Customer must, within 30 days after it discovered or should have discovered such defect, inform reMarkable by e-mail to email@example.com that it will make a claim. Claims relating to defective refurbished Products must be made no later than one year after the Customer took possession of the refurbished Product, and the Customer must provide proof of the original purchase of the refurbished Products 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.
There is no warranty for Products that have been (i) modified, altered or adapted without reMarkable’s prior written consent, (ii) maltreated or used in a manner not compatible with the instructions in the User Guide, (iii) used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (iv) relocated, to the extent that problems are attributable to the relocation, or (v) repaired by unauthorized third party.
If reMarkable finds that the defect is covered by the limited warranty of this clause 6reMarkable may in its own discretion, depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement. reMarkable may, at its discretion, offer a partly or full refund for the defective Products.
The remedies set out in this clause 6 shall be the only liability of reMarkable in case of defects in the delivered Product.
The Customer agrees 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) the Customer's purchase or use of, or inability to use, the Products; (b) the Customer's 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) the Customer's violation of any applicable law or any rights of any third party related to the Customer's 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, AND OTHER LOSSES WHICH, IN ACCORDANCE WITH APPLICABLE LAW, ARE REGARDED AS INDIRECT LOSSES, ARISING FROM OR RELATED TO THE PRODUCT ITSELF, CUSTOMER'S 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 US DOLLARS (US$100) OR THE AMOUNT PAID BY THE CUSTOMER TO REMARKABLE FOR THE PRODUCT. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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 breach of contract by the Customer, including but not limited to non-payment under clause 3, 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 and title herein until payment is completed.
reMarkable may cancel the order or terminate the agreement due to late payment or other breach of contract if the breach of contract is material. A payment delay exceeding the invoice’s due date by 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 the Customer's rights as registered, please refer to reMarkable’s Privacy Protection Statement, which is available at www.remarkable.com/legal/privacy-policy.
The Customer may not transfer or assign any or all of its rights or obligations under these Terms.
reMarkable may transfer or assign any or all of its rights and obligations under these Terms and the Subscription Agreement to i) an affiliate, ii) a successor or iii) a third party together with the relevant business.
The Product and all associated copyrights, know-how, trade secrets, trademarks and other intellectual property rights belong to reMarkable and reMarkable’s suppliers. Nothing herein shall be construed as transferring these rights.
If reMarkable fails to enforce any of its rights under these Terms, this does not result in a waiver of any such rights.
If any provision of these Terms is found to be unenforceable, all other provisions of these Terms shall remain unaffected.
These Terms and any document expressly referred to in them represent the entire agreement between the Customer and reMarkable in relation to the subject matter.
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 e-mail, as stated under “Contact” in clause 15.
14. APPLICABLE LAW AND DISPUTE
These terms shall be governed by and construed in accordance with the laws of Norway.
Any dispute arising out of this Terms shall be finally settled by arbitration pursuant to the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. The rules for fast-track arbitration shall apply where the amount in dispute does not exceed NOK 2,000,000. The amount in dispute shall include the claims made in the request for arbitration and any counterclaims made in the response to the request for arbitration. The language of arbitration shall be English.
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.