reMarkable AS, a Norwegian company with organization number 917 352 836 MVA, (“reMarkable”) may at times offer you the opportunity to purchase a replacement for your reMarkable 2. These terms and conditions (“Terms”) apply to purchases of a reMarkable 2 paper tablet replacement (“Replacement Product”) made by End Customers (any reference in the Terms to “Buyer”, “Customer”, “you”, and/or “your” is a reference to Customer) through returns.remarkable.com (“Returns Portal”).
1. HOW THE REPLACEMENT PRODUCT PROCESS WORKS
- A current customer of reMarkable contacts reMarkable due to their reMarkable 2 tablet being faulty.
- If the fault is not covered by reMarkable’s warranty, the Customer may purchase a replacement with a reduced price provided their faulty device is returned to reMarkable.
- As the customer pays for the replacement, they book a pick-up for their original reMarkable 2, after the Customer’s original device is received at reMarkable’s warehouse, reMarkable sends the Customer a new replacement device.
- Current customers of reMarkable having purchased their reMarkable 2 from www.remarkable.com.
- Only the reMarkable 2 paper tablet is eligible for such replacement. reMarkable 1, marker, folio and other accessories are not eligible. Customers are only allowed one replacement purchase.
3. PRICE AND PAYMENT TERMS
The price for the replacement device is displayed on returns.remarkable.com.
The Replacement 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 local currency or EUR (€), 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. If no amount is added in the Checkout, this cost is covered by reMarkable.
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.
The reMarkable 2 replacement is shipped to the Customer in accordance with the shipping option chosen by the Customer in the ordering process. The estimated dispatch and delivery date once the will be stated in the ordering process. The delivery date will depend on the selected shipping option and delivery point. 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 Replacement Product. reMarkable shall not be held liable for delays in the estimated delivery date for the order.
Replacement Product will be delivered to the delivery address specified by you in the Returns Portal. 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 Replacement Product, in accordance with the chosen shipping option. If the Replacement Product 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 Replacement Product constitutes a breach of contract by the Customer.
The failure to take possession of shipped Replacement Product 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 Replacement Product in time or (ii) contribute as needed for the delivery to occur.
5. RIGHT OF WITHDRAWAL IN EUROPE
The Customer may withdraw from purchase only in accordance with mandatory consumer legislation. The following only applies to customers located in Europe:
You are not required to provide any reason for the withdrawal, however, the Replacement Product must be in like-new (undamaged) condition to be eligible for a full refund of replacement price. If, on return to us, it is determined that the Replacement Product (i) is damaged, (ii) been subject to unauthorized modification, and/or (iii) is not in a resalable condition and/or is 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 wishes to withdraw from the Contract, the Customer must notify reMarkable by e-mail to email@example.com within the statutory period stated in national legislation. 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, Replacement Product 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 refund. Any return 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. Late returns are not accepted and will not be refunded.
Any request to withdraw from the Contract received after the statutory period is 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. For the avoidance of doubt, you will only be refunded the price paid for the Replacement Product. The faulty product you sent reMarkable cannot be returned to you.
6. LIMITED WARRANTY
If the Customer
- purchased the returned reMarkable 2 in a bundle with a 3-month prepaid reMarkable Connect premium subscription when placing an Order in the Store, and
- has not cancelled or downgraded the associated reMarkable Connect subscription at any time since placing the Order
(a “Continuous Connect Customer”), the Replacement Product comes with a limited three (3) year warranty.
If the Customer purchased the returned reMarkable 2 prior to October 12, 2021, the Replacement Product comes with a limited one (1) year warranty.
The warranty period starts the day after you took possession of the Replacement Product in accordance with clause 4. During this period, reMarkable warrants that each Replacement 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 from the date on which they discovered, or should have discovered, a defect, notify reMarkable’ Support through the Contact Form. The Customer must also include a description of the defect. However, warranty claims must be made by the end of the limited warranty period (i.e. one or three years after the Customer took possession of the Replacement Product). 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, reMarkable may at its own discretion, and depending on the nature of the defect and other relevant circumstances, offer a 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 Replacement 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 Replacement Product.
There is no warranty for Replacement Product that have been (i) purchased after October 12, 2021 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.
Nothing in this clause affects your legal rights under mandatory consumer legislation, which applies in addition to the warranty. According to the Norwegian consumer purchase act of 2002, you must notify reMarkable of defects claims within reasonable time after the consumer discovered or ought to have discovered the defect, but no later than two years after you took possession of the relevant product. For products or parts of products that are meant to last substantially longer with normal use, the deadline for notifying the seller of defects is five years from the consumer took possession of the relevant product.
If the Replacement Product 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 the Replacement 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.
7. SAVED CONTENT
You acknowledge that you will receive a new reMarkable 2 and your existing data will not be transferred by us. It is your responsibility to backup all existing data on your reMarkable 2, and to erase all existing data before returning to us. reMarkable is not responsible for loss, recovery or compromise of data arising out of this event. You represent that your product does not contain illegal files or data.
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 YOUR USE OR INABILITY TO USE THE PRODUCT, 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 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.
9. PERSONAL DATA
reMarkable is responsible for processing the personal data provided by you in relation to the purchase of the Replacement Product.
10. BREACH OF CONTRACT
Failure by the Customer to return their original device after purchase of Replacement Product constitutes a breach of this Agreement. If the original device is not received within 30 days after the delivery of the Replacement Product, reMarkable is no longer obliged to fulfill their contractual obligations.
11. COMPLAINTS, DISPUTE RESOLUTION AND APPLICABLE LAW
These Terms and the purchase of the replacement shall be governed by and construed in accordance with the laws of Norway. If the Customer is dissatisfied with or wishes to make a complaint in relation to the Replacement Product, reMarkable’s Support may be reached through use of our Contact Form.
The customer may further submit a complaint to the Norwegian Consumer Council. For more information, please see forbrukerradet.no. The customer may also raise a claim for the ordinary Norwegian courts.
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 https://ec.europa.eu/consumers/.