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    Terms & Conditions Sale of Products - Australia and New Zealand

    Orders placed on and after December 09, 2021

    Terms and conditions for sale of products and accessories

    Last updated: December 09, 2021.

    These general terms and conditions for purchase (“Terms”) apply to all purchases of products and accessories 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 at www.remarkable.com/store (“Store”).

    reMarkable reserves the right to change these terms and conditions at any time. Changes will not affect purchases already made and accepted by reMarkable. Any such changes will take effect when posted on www.remarkable.com/legal.

    Orders placed on behalf of a business are governed by the terms and conditions for businesses, available on www.remarkable.com/legal.

     

    1.  Description of product(s) and accessories

    reMarkable develops and sells the following Product(s) and accessories, in accordance with the Technical Specifications.

    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 reMarkable Connect subscription subject to separate terms available on www.remarkable.com/legal. A basic subscription is provided free of charge upon registration of a reMarkable Connect account at my.remarkable.com.

    Accessories for reMarkable 2
    Accessories are described and portrayed on www.remarkable.com.

    The combination of Product(s), accessories and/or subscription services in an Order is always subject to availability and reMarkable may, in its sole discretion, choose to offer the Product(s), accessories and/or subscription both separately and in predetermined bundles in the Store.

     

    2.  Order process (contract formation)

    These Terms, together with the Order Confirmation, form the agreement 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’s 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 that it enters into a binding agreement with reMarkable when clicking the button “Place Order” in the Checkout.

    The presentation of Product(s) and/or accessories in the Store does not constitute any binding offer by reMarkable for a purchase contract. By clicking the button “Place Order” in the Checkout the Customer places a binding offer for a purchase contract with reMarkable (“Order”). The Customer will be able to view the details input and correct any mistakes in the information provided before submitting an Order.

    On receipt of the Order reMarkable will send the Customer an e-mail confirming receipt of the Order and stating the details of the Order (“Confirmation of Receipt”). Please note that the Confirmation of Receipt does not constitute a declaration of acceptance of the Customer’s contractual offer but serves for information purposes only. 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. reMarkable will accept the Order either by sending an acceptance notice or by dispatching the Product(s) and accessories ordered.

    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. An agreement will not be binding on reMarkable if the Customer has provided incorrect payment or delivery information.

    reMarkable stores the Customer’s Order data. If the Customer wishes to print his/her Order, the Customer may do so by printing out an "acknowledgment of receipt". It will appear on the screen once the Customer has submitted the Order to reMarkable by clicking the "Place Order" button. In addition, the Customer receives a Confirmation of Receipt (see above), which can be printed.

    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 through this Contact Form.

    For the avoidance of doubt, any subscription is subject to its own terms and separate from this Agreement.

     

    3.  Price and payment terms

    The total purchase price for the Product(s) and/or accessories are displayed in the ordering process on www.remarkable.com/store.

    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 local currency, e.g. either Australian Dollar or New Zealand Dollar, and where applicable include Goods and Services 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.

     

    4.  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 ordering process.

    The delivery date will be stated in the ordering process. The delivery date will depend on 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 ordered Product(s) and/or accessories. reMarkable shall not be held liable for delays for the estimated delivery date in the order.

    The Product(s) and/or accessories will be delivered to the delivery address specified in “Shipping Information” on reMarkable’s website 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’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 our logistics partner. reMarkable is not liable for the Customer’s failure to comply with our logistics partner’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 necessary for the delivery to occur.

     

    5.  Cancellation

    Once the Customer has ordered the Product(s), reMarkable strives to deliver as soon as possible. If Product(s) are estimated to ship in less than 7 days from the Order date, cancellation by the Customer under this clause is not possible.

    In periods of high demand and extended delivery times, the Customer may request cancellation of the Order to reMarkable by sending an inquiry using this Contact Form. reMarkable will send a confirmation to the Customer if the cancellation was successful. If no confirmation is received prior to shipment, the Customer must instead make use of their right to withdrawal if applicable according to section 6. 

    If the cancellation is confirmed by reMarkable, the Customer is entitled to a full refund of purchase price. 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.

    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 local consumer protection laws and regulations.

     

    6.  The right of withdrawal

    You may withdraw from this Contract within 100 days of delivery (the "Withdrawal Period"), subject to the conditions in this clause. Please note that subscriptions to reMarkable Connect are not affected if the Customer withdraws from a purchase according to the above provisions. Such subscriptions continue to run until cancelled in accordance with the terms and conditions for reMarkable Connect.

    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 refund. If, on return to us, it is determined that the Product(s) and 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 an applicable Limited Warranty is not subject to such reduction.

    If the Customer wishes to withdraw from the Agreement, the Customer must notify reMarkable by e-mail to withdrawal@remarkable.com within 100 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 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 Agreement received after 100 days is automatically rejected and will not qualify for a refund.

    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 payment method originally used by you to pay for your purchase.

    Nothing in this clause shall be construed to exclude, limit or suspend additional rights of withdrawal you may have under local and mandatory consumer protection laws and regulations. You may exercise such  rights by using our Contact Form.

     

    7.  Limited warranty

    Our goods come with guarantees that cannot be excluded under applicable Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Please note, the reMarkable 2 is not easily repairable. As such, reMarkable does not offer spare parts nor authorized repairs by third parties at the moment.

    For Customers that: 

    1. purchases a Product in a bundle with a reMarkable Connect premium subscription when placing an Order in the Store, and 
    2. has not cancelled or downgraded the associated reMarkable Connect subscription at any time since placing the Order 

    (a “Continuous Connect Customer”), each such bundles purchased comes with a limited three (3) year warranty for one (1) Product and its associated accessories. 

    The warranty period starts the day after the Continuous Connect Customer 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 a qualifying purchase from reMarkable.

    To make a warranty claim, the Continuous Connect Customer must within a reasonable time from the date on which they discovered, or should have discovered, a defect, notify reMarkable’ Support through the Contact Form. The Continuous Connect Customer must also include a description of the defect. However, warranty claims must be made no later than three years after the Continuous Connect 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 Continuous Connect 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) and/or accessories.

    There is no warranty for Product(s) and/or accessories that have been (i) purchased by Customers that do not qualify as a Continuous Connect Customer, including Customers who cancels or downgrade their associated reMarkable Connect subscription, (ii) modified, altered or adapted without reMarkable’s prior written consent, (iii) maltreated or used in a manner not compatible with the instructions in the User Guide or reasonable normal care, (iv used with third party equipment and/or software not provided nor approved by reMarkable, to the extent the problem is attributable to such use, (v) relocated, to the extent that defect are attributable to the relocation, or (vi) repaired by unauthorized third party. The limited warranty is not extended to defects caused by wear and tear.

    This limited warranty for Continuous Connect Customers is extended to and applied to all accessories developed and sold by reMarkable on www.remarkable.com, excluding marker tips. 

    Nothing in this clause 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.

     

    8.  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.

     

    9.  Limitation of liability

    EXCEPT FOR THOSE RIGHTS AND REMEDIES THAT THE CUSTOMER HAS IN RESPECT OF THE GOODS OR SERVICES UNDER THE AUSTRALIAN CONSUMER LAW WHICH CANNOT BE LAWFULLY EXCLUDED, RESTRICTED OR MODIFIED, 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, AND WHETHER ARISING UNDER THESE TERMS OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

    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.

     

    10.  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.

     

    11.  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.

     

    12.  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 through our Contact Form. 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. This shall not affect purchases already made and accepted. Any such changes will take effect when posted on www.remarkable.com/legal.

     

    13.  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.

     

    14.  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 Support may be reached through use of our Contact Form.

    The Customer shall not commence Court proceedings without first giving reMarkable 28 days in which to resolve the complaint.

    The legal venue shall be Sydney, Australia.

     

    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 South Wales, Australia, 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 Agreement.

     

    16.  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

    Contact us.