PRE-ORDERS PLACED ON AND AFTER MARCH 17TH, 2020
TERMS AND CONDITIONS FOR PURCHASE OF REMARKABLE 2 AND ACCESSORIES
Last updated: March 17th, 2020
These general terms and conditions for purchase (“Terms”) apply to all purchases made by Consumers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Consumer) through reMarkable’s web store (“Store”) at www.remarkable.com/store.
The Product(s) and accessories, as described in clause 1, are made available for purchase through pre-order with the first orders expected to ship in June 2020, see clause 4 for delivery information. Your purchase of any of the Product(s) or accessories, offered in Store is subject to these terms and by placing an order for any Product(s) or accessories you agree to be bound by them. You should print a copy of these terms for future reference.
reMarkable reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on www.remarkable.com/legal.
Orders placed on behalf of a business is governed by the terms and conditions for businesses, available on www.remarkable.com/legal.
- DESCRIPTION OF PRODUCT(S) AND ACCESSORIES
reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications attached in Appendix 1.
The Computer Tablet - reMarkable 2
The computer tablet reMarkable 2 (“Product(s)”) is a digital paper tablet, also known as the paper tablet, a tool for writing, reading and sketching. The Product is described and portrayed on www.remarkable.com.
The Product may be combined with a Subscription (basic or premium), subject to separate terms available on www.remarkable.com/legal. A basic Subscription is provided free of charge with the purchase of the Product.
Accessories for reMarkable 2
Accessories are described and portrayed on www.remarkable.com.
The combination of Product(s) and/or accessories in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s) and accessories both separately and in predetermined bundles in the Store.
- ORDER PROCESS (CONTRACT FORMATION)
These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Product(s) and/or accessories. The Customer is presented with these Terms prior to placing the Order, both in the Store Checkout and the Express Checkout provided by PayPal. The Customer acknowledges and agrees to have read and understood these Terms before placing an Order and enter into a binding agreement with reMarkable when clicking the button “Place Order” in the Checkout.
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. If the order is refused, reMarkable is not responsible for any loss or delay arising out of such refusal.
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.
The latest version of the Terms of Purchase is always available on www.remarkable.com/legal. You may also request a copy of the Terms applicable to your Purchase by contacting reMarkable at firstname.lastname@example.org.
For the avoidance of doubt, any Subscription is subject to its own terms and separate of this Contract with the exception of termination. Any termination of this Contract in accordance with clause 6 will automatically lead to termination of any Subscription.
- PRICE AND PAYMENT TERMS
The price per unit of the Product and accessories are displayed in the Store. The total purchase price for the Product(s) and/or accessories are displayed in the Store Checkout.
The Product(s) and/or accessories are paid in advance and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted in pound sterling (£), and where applicable include custom duties and value added tax. Delivery cost depends on the shipping option chosen by the Customer and is added to the total amount due in the Checkout.
reMarkable is not responsible for any fees that your bank or payment provider may charge you for the use of your credit card or payment method. After the order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Customer in the ordering process.
- DELIVERY INCL. PASSING OF RISK AND OWNERSHIP
The Product(s) and/or accessories are 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 order process. The estimated dispatch and delivery date will be stated in the order process.
The estimated delivery date will depend on completion of Product(s) and/or accessories, the selected shipping option and delivery point, as well as the time of payment. reMarkable will endeavor to deliver the goods as soon as reasonably possible and in any event within 30 days of the estimated delivery date . By entering into this Contract the Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date of pre-ordered Product(s) may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your pre-ordered Product(s) and/or accessories to ensure you are provided with an estimated delivery date that is fair and accurate. reMarkable shall not be held liable for delays in the estimated delivery date of pre-ordered Product(s) where such delays are beyond the control of reMarkable and reasonable steps have been taken to prevent or minimize such delays.
The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” in the Store Checkout or provided through other payment profiles, e.g. PayPal. The Customer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. reMarkable shall not be liable for any loss resulting from the Customer’s failure to provide the correct delivery address.
Upon acceptance of reMarkable’s logistics partner DHL’s terms, the Customer may choose, among other alternatives, to update their address, make changes in the delivery method and time of delivery directly with DHL. reMarkable is not liable for the Customer’s failure to comply with DHL’s terms.
Delivery has occurred when the Customer, or their representative, has taken possession of the Product(s) and/or accessories, in accordance with the chosen shipping option. The risk of loss of or damage to the Product(s) and/or accessories passes to the Customer when they, or their representative, has received the Product(s) and/or accessories. If the Product(s) is not collected or received on time or at first attempt of delivery, 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(s) constitutes a breach of contract by the Customer.
The failure to take possession of shipped Product(s) constitutes a breach of contract by the Customer. reMarkable reserves the right to charge the Customer for extra shipment, storage and handling costs due to Customer’s failure to (i) collect the Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.
- CANCELLATION OF PRE-ORDER
The Customer may cancel the Order made in the Pre-Order as long as the request is made prior to shipment. reMarkable will send a notice of shipment approx. 14 days before the Order ships. If the Customer chooses to cancel the Order prior to shipment, the Customer is entitled to a refund. reMarkable will process refunds within a reasonable amount of time.
reMarkable reserves the right to cancel your Order before the shipment date at reMarkable’s own discretion. In the event of such cancellation, reMarkable will refund the full purchase price.
You are not required to provide a reason for the cancellation. If you wish to cancel, you may do so by e-mail to email@example.com. Cancellation requests sent after shipment are not eligible for a refund under this clause, see clause 6 “The Right of Withdrawal” for such cases.
- THE RIGHT OF WITHDRAWAL
The Customer may withdraw from this Contract within 30 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause.
You are not required to provide any reason for the withdrawal, however, all ordered and delivered Product(s) and/or accessories must be included in your return and be in like-new (undamaged) condition to be eligible for a full refund. If, on return to us, it is determined that the Product(s) and/or accessories (i) are damaged, (ii) been subject to unauthorized modification, and/or (iii) 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 is not subject to such reduction.
If the Customer wish to withdraw from the Contract, the Customer must notify reMarkable by e-mail firstname.lastname@example.org within 30 days of delivery. reMarkable will send confirmation of received notice without undue delay and the Customer will then receive further return instructions. The Customer must then complete the return steps as requested by reMarkable. reMarkable’s return process is described on www.remarkable.com. After the Customer has notified reMarkable of its intent to return, all Product(s) and/or accessories must be returned, at Customer’s risk, within 14 days in safe and satisfactory packaging, in accordance with reMarkable’s return process, to be eligible for a full refund. Any return(s) failing to follow these instructions are not eligible for a refund. reMarkable reserves the right to charge the Customer a shipping and handling fee.
Any request to withdraw from the Contract received after 30 days are automatically rejected and will not qualify for a refund.
If the Customer withdraws from this Contract in full, any Subscription Agreement between reMarkable and the Customer will automatically be terminated.
If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid. Refunds under this clause are made using the same method originally used by you to pay for your purchase.
- LIMITED WARRANTY
The Product(s) comes with a limited one (1) year warranty, this period starts the day after you took possession of the Product(s) in accordance with clause 4. During this period, reMarkable warrants that each Product will be free from material and workmanship defects under normal use in accordance with reMarkable’s published user manuals and safety information. reMarkable reserves the right to reject any warranty claim from persons failing to provide valid proof of purchase from reMarkable.
To make a warranty claim, the Customer must within a reasonable time after a defect was discovered or should have been discovered, notify reMarkable by e-mail to email@example.com providing a description of the defect. However, claims must be made no later than one year after the Customer took possession of the Product(s). reMarkable will, upon receiving a warranty claim, 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 7, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer (a) repair or (b) replacement, at no cost to the Customer. At reMarkable’s sole discretion, refurbished Product(s) may be used as replacements. reMarkable warrants that the repairs will be performed in a competent and workmanlike manner and that all parts used to repair or replace your Product will be free from defects in materials and workmanship for a period of ninety (90) days.
reMarkable may, at its discretion, offer a partial or full refund for the defective Product(s). The remedies set out in this clause shall be the only liability of reMarkable in case of defects in the delivered Product(s).
There is no warranty for Product(s) 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 or reasonable normal care, (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 defect are attributable to the relocation, or (v) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.
This limited warranty is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips and cables.
Nothing in this section affects your legal rights. If any Product(s) and/or accessories you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you in addition to this limited warranty, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.
- LIMITATION OF LIABILITY
Nothing in these terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
- END-USER CUSTOMERS ONLY
reMarkable sells and ships Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Product(s) and/or accessories 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(s) and/or accessories are 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(s) and/or accessories by resale or otherwise from the Customer or other third parties.
- SELLER’S RIGHT IN THE EVENT OF DEFAULT AND/OR BREACH 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 also claim compensation for any direct loss reMarkable suffers as a result of a breach on the part of the Customer.
You may only transfer part or all of your rights or obligations under this Contract to another individual by obtaining our consent in writing. If we do not agree to give our consent then we will provide you with the reason(s) why by email as soon as possible.
All notices given by you to us must be given in writing to the e-mail set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
None of the provisions set out in these terms seeks to or shall be deemed to exclude any consumer rights which cannot be excluded under UK or EU law.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
Following completion of the Brexit transition period on 31 December 2020, unless otherwise extended by the European Union, any EU Consumer Regulations which have not been incorporated into English Law will cease to have an effect on the terms of this Contract.
These terms may not be varied except with our express written consent.
These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
- PERSONAL DATA
reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Product(s) and/or accessories.
- COMPLAINTS, DISPUTE RESOLUTION AND APPLICABLE LAW
If the Customer is dissatisfied with or wishes to make a complaint in relation to the Product(s) and/or accessories, reMarkable’s Customer Service may be contacted by use of an electronic form on our webpage or by e-mail firstname.lastname@example.org.
These terms shall be governed by English law, except if you live in Scotland or Northern Ireland where there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these terms or any Contract will be dealt with by the English courts, except that if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. Alternatively, you also have a right to raise a dispute via the European Online Dispute Resolution platform. Information about alternative dispute resolution which may be of interest can be accessed at http://ec.europa.eu/consumers/odr/provides.
The seller and supplier of the Product(s) and accessories is reMarkable AS, incorporated in Norway under organization number 917 352 836. reMarkable is registered in the Register of Business Enterprises in Norway.
reMarkable’s contact information:
Address: Biermanns gate 6, 0473 Oslo, Norway
Phone no.: 0047 23 65 24 40