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 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 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 person stated as“buyer”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 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’s website.
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 HONG KONG Dollars, and include shipping. Customer is responsible for any sales duty or other governmental taxes or fees due with respect to the 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, 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 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 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 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 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 Product is at her/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 cancel the order as long as Customer’s request is made 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, however, the Customer will lose access to the Cloud Service.
The Customer is not required to provide a reason for the cancellation. If the Customer wishes to cancel, the Customer must contact reMarkable by e-mail firstname.lastname@example.org.
If the Customer cancels an order in accordance with the above, any related Subscription Agreement between reMarkable and the Customer will automatically be terminated.
After the Cancellation Period, no cancellations are accepted.
After delivery, only defective Products may be returned in accordance with clause 6 below.
6. LIMITED WARRANTY
If there is a defect in the delivered Product, the Customer must, within a reasonable time after he or she discovered or should have discovered such defect, inform reMarkable that he or she will make a claim. Claims relating to defective Products must be made no later than one year after the Customer took possession of the Product, and the Customer must provide proof of the original purchase of the 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.
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, ARISING FROM OR RELATED TO THE 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 FIVE HUNDRED HONG KONG DOLLARS (HK$500) OR THE AMOUNT PAID BY THE CUSTOMER TO REMARKABLE FOR THE PRODUCTS. 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 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.
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 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 Subscription Agreement to an affiliate.
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 use of an electronic form on our website remarkable.com.
14. APPLICABLE LAW AND DISPUTE RESOLUTION
This Subscription Agreement shall be governed by and construed in accordance with the laws of HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA (“HONG KONG”).
Any disputes shall be referred to and finally resolved by the courts of HONG KONG. The legal venue shall be HONG KONG.
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