Device Store on Google Play Terms of Sale
Effective: April 3, 2012
The following are the Terms of Sale (“Terms”) that govern a binding relationship between
you and Google in relation to your purchase of the device described in the Device Specific
Addenda below (“Device”) including any of its associated accessories available through the
Google Play store.
“Google” means Google Inc., a Delaware corporation whose principal place of business is at
1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
Your purchase of the Device indicates your acceptance of these Terms. Your order represents
an offer to purchase the Device from Google, which is accepted by Google upon shipment of
the Device, as explained below.
Account Creation
To place an order on this site, you must register for a free Google Wallet account (if you do not already have one).
You understand and agree that your use of Google Wallet is subject to the Google Wallet Terms of Service and to the
extent there is any conflict between these Terms and the Google Wallet Terms of Service,
the Google Wallet Terms of Service will govern. For post-sales support, orders which
involve shipping equipment normally require a Google Wallet account. If you are unable to
create an account, please visit this link.
No Commercial Resale
You agree that you will not engage in any commercial resale of Devices ordered from this
site.
Pricing Information
Google tries to ensure that all Device product information and prices appearing on the
website are correct at the time you place your order; however, Google does not assume
responsibility for any errors. If an error has been discovered in the price of the Device
you have ordered, we will inform you as soon as reasonably possible and you will be given
the option of reconfirming your order at the correct price or cancelling your order.
Ordering Devices; Google’s Acceptance of an Order
By placing an order for a Device, you are making an offer to purchase the Device from
Google. If you order more than one Device, your order comprises a series of offers for each
Device individually. You may not order more than the number of Devices specified in the
Device Specific Addenda. After you place an order for a Device, you will receive an email
confirming receipt of the order and order details. Any email confirmation from Google
acknowledging receipt of your order is simply an acknowledgement that your order has been
received by Google and does not indicate acceptance of your order. Please note that Google
reserves the right to reject your offer to purchase the Device. Google’s shipment of the
Device will constitute Google’s acceptance of your offer to purchase the Device.
You agree that Google may authorize the credit card, debit card or other payment method
specified by you in the amount of your order at the time the order is placed. You authorize
Google to charge the credit card, debit card or other payment method in the amount of your
order at the time the order is shipped. All prices on the website are displayed in United
States dollars.
Shipping and Handling; Sales Tax
Any delivery dates provided by Google or a delivery agent in an email confirming shipment
are estimates only and are not guaranteed. The Device is only available to Customers and
addresses located in the United States and Puerto Rico (excluding post office boxes and
Army/Fleet Post Office addresses due to mail courier restrictions). You may be charged
sales tax depending on the address to which the Device is delivered. There is an additional
charge for shipping and handling, unless indicated at the time of ordering that you have
qualified for free shipping.
In order to protect you and Google from fraudulent transactions, you agree that Google may
provide your transaction-related information to a reputable third party organization to
perform an address verification. This address verification is intended to ensure that the
"bill to" address that you provide matches your credit card address. Google also reserves
the right, at its discretion, not to ship the Device to certain addresses. If Google
chooses not to ship a Device, you will be notified and any charges to your credit card will
be reversed, canceled, or refunded, as applicable for products we don’t ship.
EXPORT RESTRICTIONS. THE DEVICE MAY BE SUBJECT TO UNITED STATES EXPORT
LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL IMPORT AND EXPORT
LAWS AND REGULATIONS THAT APPLY TO YOUR USE OF THE DEVICE. THESE LAWS INCLUDE RESTRICTIONS
ON DESTINATIONS, USERS AND END USE.
Return Policy; Right of Cancellation
If you are not satisfied with your Device for any reason, you have up to fourteen (14) days
from the date the Device is delivered (the “Return Period”) to cancel these Terms with
Google. If the Device is or becomes defective through no fault of your own during the
Return Period (“Defective Device”), Google, at its sole discretion, may offer a replacement
Device or may refer you to the applicable manufacturer of the Device for warranty support.
In order to cancel these Terms and/or return your Device, please follow the detailed
instructions on our returns page at this link. If you cancel these Terms, Google
will refund the full amount for the returned Device, minus the initial shipping charge and
any applicable fees and taxes subject to state law. You agree to return the Device in its
original packaging and in like-new condition with all of the originally included
accessories (unless waived by Google in writing). For Device returns, Google will issue
refunds only to the credit card, debit card or other payment method originally charged for
the order. You agree that Google may, at its sole discretion, exchange a Defective Device
with either a new or refurbished Device. You authorize Google to charge the credit card,
debit card or other payment method in the amount of Defective Device (as reasonably
determined by Google, not to exceed the amount quoted to you in your order) if you fail to
return the Defective Device within twenty-one (21) days from the date the replacement
Device is delivered. If you decide to cancel these Terms and return your Device within the
Return Period, you will be charged a one-time 15% restocking fee based on the full returned
Device price which will be deducted from your refund. However, you will not be subject to a
restocking fee if you return the Device unopened and in new condition within the Return
Period. Additional deductions to your refund may be made for damage to the Device or
missing components. You authorize Google to deduct these amounts from your refund. Devices
that were not successfully delivered to you will be returned to Google and Google will
issue a refund to the credit card, debit card or other payment method originally charged
for the order. The amount of the refund will be the original purchase amount, minus
shipping charges if applicable.
Privacy
You agree to the collection and use of your personal information provided hereunder in
accordance with the Google Privacy
Policy and the Google Wallet
Privacy Policy.
Warranties; Disclaimer of Warranties
OTHER THAN THE WARRANTIES EXPRESSED IN THE DEVICE SPECIFIC ADDENDA, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, GOOGLE EXPRESSLY DISCLAIMS 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, OR NON-INFRINGEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
GOOGLE AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, “GOOGLE 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 GOOGLE 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 GOOGLE PARTIES’ TOTAL
LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY
PAID BY YOU TO GOOGLE UNDER THESE TERMS.
Despite the limitations above, Google does not in any way limit its liability to you for
death or personal injury caused by Google’s negligence.
General Legal Terms
Governing Law; Jurisdiction. The laws of California, U.S.A., excluding
California’s conflict of laws rules, will apply to any disputes arising out of or relating
to these Terms. All claims arising out of or relating to these Terms will be litigated
exclusively in the federal or state courts of Santa Clara County, California, USA, and you
and Google consent to personal jurisdiction in those courts. Notwithstanding this, you
agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction. Certain laws of the jurisdiction in which
you reside may confer rights and remedies and imply terms into these Terms that cannot be
excluded. Those rights, remedies, and implied terms are not excluded by these Terms. To the
extent that the relevant laws permit Google to limit their operation, Google's liability
under those laws will be limited at its option, to the cost of replacing the goods,
acquiring the equivalent goods or having the goods repaired.
Changes to the Terms. The Terms in effect at the time you place an order
for the Device will apply to such order. Google reserves the right to make changes to these
Terms from time to time, and any such changes will apply to future orders. Notwithstanding
the foregoing, you agree that Google may change these Terms applicable to an order to the
extent such change is required by law or government authority.
No Assignment. You may not assign the benefit of these Terms or otherwise
subcontract or transfer any of your rights or obligations hereunder, without the prior
written approval of Google. Google may assign the benefit or otherwise subcontract or
transfer its rights and obligations hereunder, to any third party without notice to your
consent.
Events Beyond Google's Reasonable Control. Google will not be responsible
for any delay or failure to comply with these Terms if the delay or failure arises from any
cause which is beyond Google's reasonable control, including but not limited to, strikes,
labor disputes, regulations or orders of governmental authorities, civil disorder,
disasters, acts of war, acts of God, fires, flood, Internet disturbance or other emergency
conditions.
No Waiver. You agree that if Google does not exercise or enforce any legal
right or remedy which is contained in the Terms (or which Google has the benefit of under
any applicable law), this will not be taken to be a waiver of Google’s rights and that
those rights or remedies will still be available to Google.
Severability. If any court of law, having the jurisdiction to decide on
this matter, rules that any provision of the Terms is invalid, then that provision will be
removed from the Terms without affecting the rest of the Terms. The remaining provisions of
the Terms will continue to be valid and enforceable.
Entire Agreement. These Terms constitute the entire legal agreement
between you and Google and govern your purchase of the Device and completely replaces any
prior agreements between you and Google in relation to your purchase of the Device.
Device Specific Addenda
Samsung Galaxy Nexus Specific Information
For the purpose of this Addendum, “Device” means the Samsung Galaxy Nexus.
You understand that the manufacturer of the Device is Samsung Corporation, whose principal
place of business is at Samsung Telecommunications America Inc., 1301 East Lookout Drive,
Richardson, TX 75082-4124 (“Samsung”).
You acknowledge that the Device does not include a SIM card, wireless service plan or other
Internet connectivity service. You may not purchase more than 5 Devices. You are solely
responsible for obtaining a wireless service plan or other Internet connectivity service.
You understand that the Device will work on most GSM/HSPA+ networks and that network
availability and speed may vary based upon your network carrier and your location. It is
your responsibility to ensure that the carrier you select supports the Device protocols and
speeds described in the technical specifications at this link.
You understand that the Device may only be compatible with certain hardware accessories.
Please be advised that returning the Device does not cancel your wireless plan, so you must
contact any wireless carrier (and any other applicable service provider(s)) directly to
cancel service(s). Your service provider may charge you for usage and other fees that
Google does not control.
Warranty Instructions
You agree that Google is not the manufacturer, but the seller, of the Device. You
acknowledge that Samsung is the manufacturer of the Device and provides the Limited
Warranty for repairs and service of the Device. Please refer to the warranty card in the
Device package for details on the Samsung Limited Warranty terms and how to make a claim
under the Samsung Limited Warranty. If the Device is or becomes defective, through no fault
of your own, or if you need out-of-warranty repair services, please call the Samsung
customer care center at the number listed in the Service & Repair section of the
Samsung website (http://www.samsung.com/us/support/service/warranty/GT-I9250M). A Samsung
customer care agent will diagnose the problem and may provide you with an RMA (Returned
Merchandise Authorization) ticket number and provide instructions for returning the Device.
Support
Google will provide telephone and e-mail support for questions regarding existing orders
and technical support for the Device as set forth at this link.
If you contact Google to inform us that you have not received the Device you ordered, that
the Device you received is defective, or that your Device has been stolen, this gives
Google the right to deactivate the Device that you reported missing, defective or stolen.
However, you understand that deactivation does not automatically delete personal data
stored on your Device. You are responsible for deleting or transferring any personal data
stored on your Device and Google will not be liable if you fail to do so.