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.
Orders placed on behalf of a business are 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”) 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 it has read and understood these Terms before placing an Order and that it enters into a binding agreement with reMarkable when it clicks 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 support@remarkable.com.
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 US Dollar, and where applicable include sales taxes. 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
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 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. The Customer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur. reMarkable will keep you duly noted of any changes impacting the delivery of your pre-ordered Product(s) and/or accessories. reMarkable shall not be held liable for delays in the estimated delivery date in the pre-order.
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.
Failure to take possession of shipped Product(s) in accordance with the chosen shipping option 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 take possession of the Product(s) and/or accessories in accordance with the Customer's chosen shipping option.
- 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 support@remarkable.com. Cancellation requests sent after shipment are not eligible for a refund under this clause.
- 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 support@remarkable.com 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 for the return.
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 the date on which it discovered, or should have discovered, a defect, notify reMarkable by e-mail to support@remarkable.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
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) repaired by unauthorized third party or (v) in the case of a software error or failure, to the extent that such error or failure is a result of the moving the product to a jurisdiction in which cloud services are restricted. 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.
Other than as permitted by law, nothing in this clause shall be construed to exclude, limit or suspend other mandatory rights you may have under state or federal law.
- INDEMNIFICATION
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 (i) your purchase or use of, or inability to use, the Product(s) and/or accessories; (ii) 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 Product(s) and/or accessories, or (iii) your violation of any applicable law or any rights of any third party related to your use of the Product(s) and/or accessories.
- 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 PRODUCT(S) AND/OR ACCESSORIES, 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 PRODUCT(S) AND/OR ACCESSORIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE PRODUCT(S) AND/OR ACCESSORIES. 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.
- 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.
- MISCELLANEOUS
You may not transfer or assign any or all of your rights or obligations under any Contract.
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.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
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.
- 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.
Further information on personal data processing by reMarkable is available in reMarkable’s Privacy Policy.
- COMPLAINTS AND DISPUTE RESOLUTION
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 support@remarkable.com.
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 13 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(s) by sending an email to support@remarkable.com. 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 15.
- APPLICABLE LAW
These Terms and the purchase of the Product(s) and/or accessories 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 Contract. Subject to the dispute resolution clause 14, Customer hereby agrees that any disputes shall be referred to and finally resolved by the courts 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.
- CONTACT
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
E-mail: support@remarkable.com
Phone no.: 0047 23 65 24 40