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 (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 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 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 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.
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.com. 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
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 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 Dollar or local currency, and include shipping and other fees. However, local sales taxes, goods and services taxes and duties may apply in your jurisdiction, in which case the Customer must pay to reMarkable an additional amount equal to that tax or duty payable for the supply of the Product, subject to the Customer receiving a valid tax invoice for the order of the Product at or before the time of payment. Payment of the additional will be made at the same time as payment for the Product is required to be made. If reMarkable does not provide the Customer with a valid tax invoice including the additional amount, the Customer remains responsible for the direct payment of any local goods and services tax, duties, and other import charges that may be levied.
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 her or 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.
reMarkable provides a standard file format for such data export through the Cloud Service. reMarkable will upon the Customer’s consent keep the data stored in the Cloud Service after the termination of the Subscription Agreement.
5. CANCELLATIONS; RETURNS
The Customer may cancel the order as long as Customer’s request is made prior to shipment. You are not required to provide a reason for the cancellation. If you wish to cancel, submit an inquiry to us by e-mail.
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 from the purchase date. Subject always to clause 6, 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 15% restocking fee, or otherwise reduce the amount of your refund to take account of this damage, abnormal use, or missing components.
If your order is submitted between November 22, 2019 and December 3, 2019 7 PM AEST, the return period in this section 5 is extended from 30 days to 45 days.
6. 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 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. Subject to applicable laws, claims relating to defective Products must be made no later than one year after the consumer took possession of the Product, and the Customer must provide proof of the original purchase of the Product from reMarkable.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, GUARANTEES, TERMS, REPRESENTATIONS AND UNDERTAKINGS, OTHER THAN AS EXPRESSLY SET OUT HEREIN, WHETHER EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. 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 purchase 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.
8. 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.
In the event that a Customer receives the Product before payment has occurred, 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 the Act relating to Interest on Overdue Payments. 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 liable for a fee pursuant to the Debt Collection Act.
reMarkable may also claim compensation for the loss reMarkable suffers as a result of a breach on the part of the Customer.
9. PERSONAL DATA
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 remarkable.com/legal/privacy-policy or here.
10. 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 wants 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.
TO THE FULLEST EXTENT PERMITTED BY LAW BUT SUBJECT ALWAYS TO CLAUSE 6, IN NO EVENT SHALL REMARKABLE BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN USE), OR PUNITIVE OR EXEMPLARY DAMAGES. IN ANY CASE, REMARKABLE’S MAXIMUM AGGREGATE LIABILITY TO A CUSTOMER FOR CLAIMS OF ANY KIND, INCLUDING CLAIMS BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, SHALL BE LIMITED TO THE SUM PAID TO REMARKABLE FOR THE PRODUCT IN QUESTION.