TERMS AND CONDITIONS FOR SALE OF REFURBISHED PRODUCTS AND ACCESSORIES
Last updated: September 20, 2022.
These terms and conditions for purchase of refurbished products and accessories (“Terms”) apply to all purchases of refurbished 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 onwww.remarkable.com/legal.
1. DESCRIPTION OF REFURBISHED PRODUCT(S) AND ACCESSORIES
reMarkable develops and sells the The paper tablet reMarkable 2 (the “Product”), a tool for writing, reading and sketching.
A “Refurbished Product” is a pre-owned reMarkable 2 device. No Refurbished Product is available for sale before completing the refurbishment process, whereby the Refurbished 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 and accessories described and portrayed on www.remarkable.com.
The Refurbished Product may be combined with a 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.
The combination of Refurbished 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 Refurbished Product(s), accessories and subscriptions both separately and in predetermined bundles in the Store.
2. ORDER PROCESS (CONTRACT FORMATION)
These Terms, together with the Order Confirmation, form the Contract between the Customer and reMarkable and govern the purchase of Refurbished 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 that it enters into a binding agreement with reMarkable when clicking the button “Place Order” in the Checkout.
The presentation of Refurbished 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 Refurbished 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 and conditions for purchase of Refurbished Products and accessories 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 Contract.
3. PRICE AND PAYMENT TERMS
The price per unit of the Product and accessories is displayed in the Store. The total purchase price for the Refurbished Product(s) and/or accessories is displayed in the Store Checkout.
The Refurbished 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 or EUR (€), and where applicable include custom duties and value added tax.
Please note, depending on the place of dispatch included in your order confirmation, the following will apply for customs treatment of your order:
- When the products are shipped from Hong Kong, the Customer is formally named consignee for customs declaration purposes. reMarkable has designated a professional broker to clear the goods and pay customs duties and import VAT as applicable, and is similarly entitled to perform any corrections of the declaration if required. No extra costs will be incurred by the Customer in relation to the customs treatment and no further actions from the Customer are needed to receive the products. In case that local authorities require additional information to comply with local laws, the Customer may be contacted by our appointed transport company. Please contact reMarkable’s support team by using our Contact Form immediately if you are asked to pay any extra costs.
- When the products are shipped from the EU, reMarkable pays customs duties and import VAT as applicable, and the Customer is not party to the customs declaration.
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.
The Refurbished 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 estimated dispatch and 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 Refurbished Product(s) and/or accessories. reMarkable shall not be held liable for delays in the estimated delivery date for the order.
The Refurbished 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 Refurbished Product(s) and/or accessories, in accordance with the chosen shipping option. If the Refurbished 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 Refurbished Product(s) constitutes a breach of contract by the Customer.
The failure to take possession of shipped Refurbished 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 Refurbished Product(s) and/or accessories in time or (ii) contribute as needed for the delivery to occur.
Once the Customer has ordered the Product(s), reMarkable strives to deliver as soon as possible. If Refurbished 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
If Customer purchases a Refurbished Product in a bundle with a 3-month prepaid reMarkable Connect premium subscription when placing an Order in the Store, the Customer has the right to withdraw from the purchase within 100 days of delivery for one (1) Refurbished Product and associated accessories for each such bundles purchased, subject to the conditions in this clause. Please note that any right of withdrawal for reMarkable Connect subscriptions are subject to separate terms, and that no right of withdrawal and/or refunds of subscription fees are provided through these Terms unless required by applicable law.
You are not required to provide any reason for the withdrawal, however, all ordered and delivered Refurbished Product(s) and accessories must be included in your return and be in the same condition as when it was delivered to you to be eligible for a refund. If, on return to us, it is determined that the Refurbished 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 Contract, the Customer must notify reMarkable by e-mail to firstname.lastname@example.org 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 Refurbished 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 for the return.
Any request to withdraw from the Contract received after 100 days is automatically rejected and will not qualify for a refund.
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.
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.
If you reside in the European Economic Area, you have an additional right to cancel your purchase of Refurbished Product(s) and accessories within 14 days of delivery regardless of whether Refurbished Product(s) and/or accessories were purchased in a bundle with a reMarkable Connect subscription. You may exercise this right by using our Contact Form.
7. LIMITED WARRANTY
The Product(s) comes with a limited one (1) year warranty. 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. See reMarkable’s 1-Year Limited Warranty Policy for full terms and conditions.
The limited warranty is in addition to rights that you may have under consumer protection laws. 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 applicable law.
reMarkable 2 Protection Plan
Customers with an active Connect subscription (“Connect Customers”) may also be covered by our reMarkable 2 Protection Plan, which lasts for up to three (3) years starting from the date of the original retail purchase of a reMarkable 2 paper tablet.
Please refer to our Terms & Conditions Connect for more information about what the reMarkable 2 Protection Plan covers, exceptions, and limitations.
Connect Customers who purchased their Connect subscription between 12 October 2021 and 20 September 2022, and who have not canceled or downgraded the subscription since the date of purchase (“Continuous Connect Customers”), may have up to 36 months extended warranty as provided by previous versions of the Hardware Terms & Conditions.
8. END-USER CUSTOMERS ONLY
reMarkable sells and ships Refurbished Product(s) and/or accessories to end-user Customers only. The Customer may not purchase Refurbished 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 Refurbished 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 Refurbished Product(s) and/or accessories by resale or otherwise from the Customer or other third parties.
9. 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.
In the event that a Customer receives the Refurbished Product(s) and/or accessories before payment has occurred, reMarkable may maintain the purchase and require the Customer to pay the purchase price. If the Customer does not pay the purchase price pursuant to the agreement, reMarkable may claim interest on the purchase price pursuant to the Act relating to Interest on Overdue Payments. In the case of non-payment, the claim may be sent to a debt collection entity, subject to prior notice to the Customer. The Customer can then be liable for a fee pursuant to the Debt Collection Act.
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 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 prior to purchase. Any such changes will take effect when posted on www.remarkable.com/legal.
11. PERSONAL DATA
reMarkable is responsible for processing the personal data provided by the Customer in relation to the purchase of the Refurbished Product(s) and/or accessories.
12. COMPLAINTS, DISPUTE RESOLUTION AND APPLICABLE LAW
These Terms and the purchase of the Refurbished Product(s) and/or accessories 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 Refurbished Product(s) and/or accessories, reMarkable’s Support may be reached through use of our Contact Form.
If a Customer wishes to obtain an additional copy of the Terms that the customer has accepted, reMarkable will submit this to the Customer upon request.
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.
You may 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/odr.
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.
The seller and supplier of the Refurbished 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