Effective: Janurary 24, 2014
These eShopskyline Play Terms of Sale for Devices and any other terms referred to in these terms, such as terms provided in the Return Policy and Warranty Center ("Terms"), apply between you and eShopskyline Inc., a Delaware corporation whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (referred to as "eShopskyline" or "we"), when you purchase devices and/or accessories from the eShopskyline Webstiore ("Device").
Please carefully read these Terms. By ordering a Device, you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order.
When you use any eShopskyline services through your Device, your use is subject to the applicable terms and conditions for those services, including the eShopskyline Terms of Service. Use of certain Device features may require that you open a eShopskyline account. Note that eShopskyline services and content may vary by region.
To place an order, you must have a eShopskyline account. You may also need to maintain a eShopskyline account to return or replace your Device or to receive any support offered by eShopskyline. A eShopskyline account is free and if you do not have one you will be directed to eShopskyline before you can check out. Your use of eShopskyline is subject to the eShopskyline Terms of Service. If you do not agree to the eShopskyline Terms of Service, do not place an order.
You consent that in order to process your order and to protect you and eShopskyline from fraudulent transactions, eShopskyline may provide your order information to reputable third parties to perform address verifications and to assist in fulfilling or delivering your order.
Please refer to eShopskyline Webstore Support to learn more about any support offered by eShopskyline in connection with your Device. The eShopskyline support team will only provide support if you are located in a supported country, as described in the Country Availability Page.
When you place an order for a Device on the eShopskyline Webstiore, you permit eShopskyline to charge the credit card, debit card or other payment method you have chosen for your purchase in the total amount of your order (including any shipping charges and taxes).
eShopskyline reserves the right to reject your order. For example, eShopskyline may reject your order if you do not live in a country from which Devices may be purchased via the eShopskyline Webstiore or if you order more than the permitted maximum number of Devices.
When your order is accepted by eShopskyline, we will send you an email which will include details of your order and an order number that you should refer to if you have any follow-up queries.
The Device price displayed on the site does not include any shipping charges. Information about shipping charges can be found here and will also be presented at checkout before you place your order.
Applicable taxes will usually be presented at checkout or on the Device description page; however, in some circumstances we may notify you that you are responsible for determining whether certain taxes apply.
All prices displayed on the eShopskyline Webstiore are subject to change at any time without notice.
Should eShopskyline reduce its price on any Device within 15 days from the date you order it, you must contact eShopskyline Webstore Support within 15 days of the price change to request a refund or credit for the difference between the price you were charged and the reduced price.
eShopskyline may also provide promotional offers or prices related to the sale of Devices. If so, any terms applicable to such promotional offers or prices will control in the event of a conflict with these Terms.
We may not be able to deliver to all locations. Please consult our Country Availability Page for locations to which we will deliver your Device. If eShopskyline does not ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order.
If a Device cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the Device will be returned to eShopskyline. In that case you will not be charged for the Device (or charges already incurred will be reversed using the initial payment method in your eShopskyline account), but you may be charged for shipping (and such charges will not be reversed). If a Device is not successfully delivered because we made a mistake, you will not be charged at all and all charges will be reversed.
If you do not receive your Device, please contact eShopskyline Webstore Support.
Any delivery dates or times provided by eShopskyline (or a delivery agent) are estimates only and are not guaranteed.
We try very hard to make sure there are no mistakes in the prices that appear on the eShopskyline Webstiore. In the unlikely event that a mistake happens, you agree that eShopskyline will not be bound by that incorrect price, unless your credit card, debit card or other payment method in your eShopskyline account has already been charged. If a mistake is discovered and you haven't been charged yet, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.
You may not order more than the maximum number of Devices that we specify from time to time. For example, the eShopskyline Webstiore may contain a maximum order limit for a particular Device.
The Device may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Device. These laws may include restrictions on destinations, users, and end use.
Please carefully read any instructions that come with the Device, including instructions that may be available online. In order to make use of any enhanced functionality of your Device, you may have to sign in to your eShopskyline account or open a eShopskyline account if you do not yet have one. Further, you agree to comply with any software license agreements applicable to your use of software on the Device. eShopskyline may also provide software updates/upgrades that you will need to install in order to make the best possible use of the functionality of your Device and/or eShopskyline services on your Device. Use of that software may be subject to additional licensing terms.
You may only purchase Devices for your personal use. You may not commercially resell any Device, but you may give the Device as a gift. Recipients of gifts may need to open and maintain a eShopskyline account in order to receive any support offered by eShopskyline. These Terms apply to any gift recipient.
Battery life for your Device, as described in any Device description page, will depend on device settings, usage, and many other factors. Battery tests are conducted using specific Device units; actual results may vary. Devices with storage capacity may be preformatted with operating system software and other files. As a result, actual formatted capacity will be less than the memory listed in any Device description page on the eShopskyline Webstiore.
Returns and refunds are governed by our Return Policy, which is available here.
You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to eShopskyline for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to eShopskyline. eShopskyline will not be responsible for any use or disclosure of any data that resides on a Device.
If you tell eShopskyline that you have not received your Device, the Device is defective, or it has been lost or stolen, eShopskyline may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back-up your data periodically.
If the Device is or becomes defective through no fault of your own, you may be entitled to a refund, replacement, or repair of your Device. Please always refer to the manufacturer for any manufacturer warranty, as described in the Warranty Center.
If you have a defective Device, please contact eShopskyline Webstore Support. If the Device is manufactured by a third party, eShopskyline may refer you to the applicable manufacturer of the Device for support with Device defects. If eShopskyline provides you with a replacement Device, you agree that eShopskyline may exchange the defective Device with either a new or refurbished Device. If eShopskyline provides you with a replacement Device before we receive your defective Device, and you do not return the defective Device within 21 days from the date the replacement Device is delivered to you, you authorize eShopskyline to charge your eShopskyline account for the replacement Device, not to exceed the amount paid for the original Device. Nothing in this section affects your legal rights under applicable laws. Unless otherwise required under applicable laws, eShopskyline may only provide warranty support for Devices manufactured by eShopskyline that are located in a supported country, as described in the Country Availability Page.
OTHER THAN THE WARRANTIES REFERRED TO IN THE WARRANTY CENTER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, eShopskyline AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, eShopskyline AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, "eShopskyline PARTIES") SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A eShopskyline PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE eShopskyline PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO eShopskyline UNDER THESE TERMS.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider ("Internet Service Provider") whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your Wireless Carrier for compatibility and mobile data plan availability.
If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to an 802.11a/b/g/n WiFi access point.
You agree that, unless specifically provided in any Device description page, eShopskyline has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that eShopskyline does not control.
You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and eShopskyline makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.
Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).
The laws of California, U.S.A. apply to these Terms, excluding California’s choice of law rules, and will apply to any disputes arising out of or relating to these Terms. Claims arising out of or relating to these Terms will be subject to the exclusive jurisdiction and venue of the courts in Santa Clara County, California, U.S.A.
The Terms in effect at the time you place an order for the Device will apply to such order and Device. eShopskyline reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.