Devices on Google Play Terms of Sale
Effective: February 21, 2013
These are the Terms of Sale ("Terms") that apply between you and Google Inc., a Delaware
corporation whose principal place of business is at 1600 Amphitheatre Parkway, Mountain
View, CA 94043, United States (referred to as "Google" or "we"), when you purchase devices
and/or accessories from the Devices on Google Play website ("Device"). For some Devices
additional terms will be included in a Device specific addendum included at the bottom of
these Terms ("Device Specific Addendum") and these will form part of the Terms for that
Device. If there is a conflict between the Device Specific Addendum and the remainder of
the Terms, the terms in the Device Specific Addendum will apply for that conflict.
Please read the Terms carefully. 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, you should not place an
order.
Google Services
When you use any Google services through your Device, your use is subject to the applicable
terms and conditions for those services, including the Google Terms of Service. Use of certain
Device features may require that you open a Google
account. Note some Google services and content may vary by region.
Google Wallet
To place an order, you must have a Google
Wallet account. You may also need to maintain a Google Wallet account to receive
after sales support. A Google Wallet account is free and if you do not have one you will be
directed to Google Wallet before you can
checkout. Your use of Google Wallet is subject to the Google Wallet Terms of Service. If you do not
agree to the Google Wallet Terms of Service you should not submit an order.
Privacy
Please refer to our Google Privacy Policy
and the Google Wallet Privacy Policy
for more information on how Google collects, uses and shares the information we receive
from you.
You agree that in order to process your order and to protect you and Google from fraudulent
transactions, Google may provide your order information to reputable third parties to
perform address verifications and make deliveries.
Support
While your Device may be manufactured by a third party, Google will provide initial support
for questions relating to:
- Existing orders
- Returns
- Defective Devices
- General technical support for the Device
For assistance, please contact Google Play Support.
Ordering and Payment
When you place an order, you permit Google to charge the credit card, debit card or other
payment method in the total amount of your order (including any shipping and handling
charges and taxes).
Google reserves the right to reject your order. For example, Google may reject your order
if you do not live in a country where a delivery can be made or you order more than the
permitted maximum number of Devices.
When your order is accepted by Google, 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.
Delivery
We may not be able to deliver to all locations. Please consult our
Shipping and Delivery Page for locations to which your Device can be delivered. Google
may, at its discretion, decline to ship Devices to certain addresses. If Google chooses not
to ship a Device, we will send you notice and you will not be charged for your order. If a
charge has already been made for items that are not shipped, that charge will be reversed
through your Google Wallet account using your initial payment method.
If a Device cannot be successfully delivered because you have provided incorrect or
incomplete delivery information, the Device will be returned to Google. 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 Google Wallet account), but you may be charged for shipping
and handling (and such charges will not be reversed). If a Device is not successfully
delivered for any other reason you will not be charged at all and all charges will be
reversed.
If you do not receive your Device, please contact Google Play Support.
Any delivery dates or times provided by Google (or a delivery agent) are estimates only and
are not guaranteed.
Prices and Taxes
The Device price displayed on the site does not include any shipping and handling charges.
Information about shipping and handling charges can be found
here and will also be presented at checkout.
All applicable taxes will be presented at checkout, even if they are not displayed on the
product page.
All prices displayed on the Devices on Google Play website are subject to change at any
time without notice.
Should Google reduce its price on any Device within 15 days from the date you order it, you
may contact Google Play
Support to request a refund or credit for the difference between the price you
were charged and the current selling price. To receive the refund or credit you must
contact Google
Play Support within 15 days of the price change.
Pricing Mistakes
We try very hard to make sure there are no mistakes in the prices that appear on the site.
In the unlikely event that a mistake happens you agree that Google will not be bound by
that incorrect price, unless your credit card, debit card or other payment method in your
Google Wallet 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.
Restrictions
- You may not order more than the maximum number of Devices that we specify from time to
time. For example, the Devices on Google Play website or the Device Specific Addendum 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 to your use of the Device. These laws may include
restrictions on destinations, users, and end use.
- You may only use the Device in accordance with the instructions that come with it,
including instructions that may be available online. Google may provide software
updates/upgrades that you will need to install in order for your Device and/or Google
services to function properly, and the use of that software may be subject to additional
licensing terms.
Resale and Gifts
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 Google Wallet account in order to
receive support from Google. These Terms shall also apply to any gift recipient.
Return Policy
If for any reason you do not wish to keep your Device, you have up to 15 days from the date
the Device is delivered to you to cancel your purchase of the Device and your contract with
Google. If you exercise your right of cancellation and the Device has been delivered to
you, you are responsible for returning the Device as soon as possible and at your own cost.
To initiate a return please contact Google Play
Support and obtain a return authorization. For some returns Google may charge you
a restocking fee. Please review the restocking policies posted here to
determine whether such fees apply to you. Upon Google's receipt of the returned Device,
Google will issue a refund in your Google Wallet account using your initial payment method
minus any applicable shipping and handling and restocking fees.
You must take reasonable care of the items that you wish to return, and we request that you
return the Device with its original packaging and any accessories. Upon Google's receipt of
the returned Device, Google will issue a refund in your Google Wallet account for the
amount paid for the Device, less any shipping and handling charges, within a reasonable
time. If you decide to cancel the purchase of the relevant Device as set out in this
paragraph and if you fail to return the Device in accordance with these Terms, you may be
charged a sum for our direct cost of recovering that Device, and we may deduct that sum
from your refund.
Defects
During the warranty period described in the Device Specific Addendum, if the Device is or
becomes defective through no fault of your own, please contact Google
Play Support. Subject to the Device warranty, Google, in its sole discretion, may offer
a replacement Device or may refer you to the applicable manufacturer of the Device for
warranty support. If Google chooses to provide you with a replacement Device, you agree
that Google may exchange the defective Device with either a new or refurbished Device. If
you do not return the defective Device within 21 days from the date the replacement Device
is delivered to you, you authorize Google to charge your Google Wallet account for the
replacement Device, not to exceed the amount paid for the original Device.
Data and Deactivation
You are responsible for managing any data stored on your Device, including for example
deleting, transferring and creating back-ups of such data.
If you tell Google that you have not received your Device, the Device is defective, or it
has been lost or stolen, Google may deactivate that Device. Deactivation does not
automatically delete personal data stored on your Device and we recommend that you back-up
your data periodically.
Non-Google Branded Accessories
Accessories sold through the Devices on Google Play website which do not bear the Google
brand name may be serviced and supported by their manufacturers. If you discover what you
believe is a defect with your accessory, please contact the manufacturer directly.
Warranties; Disclaimer of Warranties
OTHER THAN THE WARRANTIES REFERRED TO IN THE DEVICE SPECIFIC ADDENDUM, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE 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.
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.
Governing Law and Jurisdiction
The courts in some countries will not apply California law to consumers in those countries,
or some types of terms and disputes. If you reside in one of those countries, then where
California law is excluded from applying, your country's laws will apply to these terms and
any disputes related to them terms. Otherwise, you agree that the laws of California,
U.S.A., excluding California's choice of law rules, will apply to these Terms and any
disputes arising out of or relating to them. Similarly, if the courts in your country will
not permit you to consent to the jurisdiction and venue of the courts in Santa Clara
County, California, U.S.A., then your local jurisdiction and venue will apply to such
disputes related to these terms. Otherwise, all claims arising out of or relating to these
terms or the services 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, Google reserves the right to apply for injunctive remedies
(or an equivalent type of urgent legal relief) in any jurisdiction.
Changes to the Terms
The Terms in effect at the time you place an order for the Device will apply to such order
and Device. Google reserves the right to make changes to these Terms from time to time, and
any such changes will apply to future orders.
Events Beyond Reasonable Control
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.
No Waiver
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).
Severability
If it turns out that a particular term is not enforceable, this will not affect any other
terms.
Device Specific Addendum
Nexus 7 Addendum
The following paragraphs only apply if you purchase a Nexus 7.
If you purchased a Nexus 7 with only built-in Wi-Fi, you are solely responsible for
obtaining internet connectivity through an internet service provider as the Nexus 7 does
not support mobile connectivity. In order to use your Nexus 7 with built-in Wi-Fi, you
understand that you will need your own 802.11a/b/g/n access point Wi-Fi router.
If you purchased a Nexus 7 with Wi-Fi and mobile data capability, your Nexus 7 is
configured to work with a certain cellular network technology. Check with your carrier for
compatibility and mobile data plan availability as cellular data plans are sold separately.
Battery life depends on device settings, usage, and many other factors. Battery tests are
conducted using specific Nexus 7 units; actual results may vary. Actual formatted capacity
of your device will be less than the memory listed.
The Nexus 7 is manufactured by ASUSTeK Computer Inc., whose principal place of business is
at ASUSTeK Computer Inc., Nr. 15 Li-Te Road, Peitou, Taipei 112, Taiwan ("ASUS").
ASUS provides a limited warranty for the Nexus 7. Please refer to the warranty card in the
Nexus 7 package or ASUS for details on the ASUS limited
warranty. This additional warranty does not affect your legal rights.
Nexus 10 Addendum
The following paragraphs only apply if you purchase a Nexus 10.
The Nexus 10 has built-in Wi-Fi. You are solely responsible for obtaining internet
connectivity through an internet service provider as the Nexus 10 does not support mobile
connectivity.
In order to use the Nexus 10, you understand that you will need your own 802.11a/b/g/n
access point Wi-Fi router.
Battery life depends on device settings, usage, and many other factors. Battery tests are
conducted using specific Nexus 10 units; actual results may vary. Actual formatted capacity
of your device will be less than the memory listed.
The Nexus 10 is manufactured by Samsung Electronics Co., Ltd., whose principal place of
business is at (Maetan dong) 129, Samsung-ro, Yeongtong-gu, Suwon-si, Gyeonggi-do 443-742,
Korea ("Samsung").
Samsung provides a limited warranty for the Nexus 10. Please refer to the warranty card in
the Nexus 10 package or Samsung for details on the Samsung
limited warranty. This additional warranty does not affect your legal rights.
Nexus 4 Addendum
The following paragraphs only apply if you purchase a Nexus 4.
You acknowledge that the Nexus 4 does not include a SIM card, wireless service plan or
other Internet connectivity service. You are solely responsible for obtaining a wireless
service plan or other internet connectivity service.
You understand that the Nexus 4 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 Nexus 4 protocols
and speeds described in the technical specifications at this
link.
You understand that the Nexus 4 may only be compatible with certain hardware accessories.
Please be advised that returning the Nexus 4 does not cancel your wireless plan, so you
must contact your 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.
Battery life depends on device settings, usage, and many other factors. Battery tests are
conducted using specific Nexus 4 units; actual results may vary. Actual formatted capacity
of your device will be less than the memory listed.
The Nexus 4 is manufactured by LG Electronics, Inc., whose principal place of business is
at LG Twin Towers, 20 Yeouido-dong, Yeongdeungpo-gu, Seoul 150-721, Korea ("LG").
You acknowledge that LG, as the manufacturer of the Nexus 4, provides a limited warranty
for repairs and service of the Nexus 4. Please refer to the warranty card in the Nexus 4
package for details on the LG Limited Warranty terms and how to make a claim under the LG
Limited Warranty. This additional warranty does not affect your legal rights.
Samsung Chromebook Addendum
The following paragraphs only apply if you purchase a Samsung Chromebook.
The Samsung Chromebook is manufactured by Samsung Electronics Co., Ltd., whose principal
place of business is at (Maetan dong) 129, Samsung-ro, Yeongtong-gu, Suwon-si, Gyeonggi-do
443-742, Korea, ("Samsung").
You acknowledge that the Samsung Chromebook does not come with a wireless service plan or
other Internet connectivity service. You are solely responsible for obtaining access to the
Internet through a wireless service provider or other Internet connectivity service
provider (each an "Internet Service Provider") whose service is compatible
with the Samsung Chromebook. To access the Internet using the WiFi functionality, you
understand that you will need access to a 802.11a/b/g/n access point Wi-Fi router. If you
purchased the 3G Samsung Chromebook, you will need to obtain wireless service from a
provider of compatible wireless services to obtain 3G functionality. Check with your
carrier for compatibility and 3G data plan availability as cellular data plans are sold
separately. You agree that Google has no responsibility for the provision of wireless
service or other Internet connectivity services, or the terms under which Internet Service
Providers may offer those services. Internet Service Providers may charge you for usage and
other fees that Google does not control.
Battery life depends on device settings, usage, and many other factors. Battery tests are
conducted using specific Samsung Chromebook units; actual results may vary. Actual
formatted capacity of your device will be less than the memory listed.
You understand that the Samsung Chromebook may only be compatible with certain hardware
accessories manufactured by third parties, and Google makes no warranty with respect to
such hardware accessories. If you return the Samsung Chromebook as provided in the Google
Play Terms of Sale, it does not cancel your service contract with your Internet Service
Provider (if applicable), so you must contact your Internet Service Provider (and any other
applicable service provider(s)) directly to cancel service(s).
You acknowledge that Samsung, as the manufacturer of the Samsung Chromebook, provides a
limited manufacturer's warranty for repairs and service of the Samsung Chromebook. Please
refer to the warranty card in the Samsung Chromebook package or contact the support center
on www.samsung.com for details on the Samsung Limited Warranty terms and how to make a
claim under the Samsung Limited Warranty. This additional warranty does not affect your
legal rights.
Acer Chromebook Addendum
The following paragraphs only apply if you purchase an Acer Chromebook.
The Acer Chromebook is manufactured by Acer Incorporated, 8F, 88, Sec. 1, Xintai 5th Rd.,
Xizhi, New Taipei City 221, Taiwan ("Acer").
You acknowledge that the Acer Chromebook does not come with a wireless service plan or
other Internet connectivity service. You are solely responsible for obtaining access to the
Internet through a wireless service provider or other Internet connectivity service
provider (each an "Internet Service Provider") whose service is compatible
with the Acer Chromebook. To access the Internet using the WiFi functionality, you
understand that you will need access to a 802.11a/b/g/n access point Wi-Fi router. You
agree that Google has no responsibility for the provision of wireless services or other
Internet connectivity services, or the terms under which Internet Service Providers may
offer those services. Internet Service Providers may charge you for usage and other fees
that Google does not control.
Battery life depends on device settings, usage, and many other factors. Battery tests are
conducted using specific Acer Chromebook units; actual results may vary. Actual formatted
capacity of your device will be less than the memory listed.
You understand that the Acer Chromebook may only be compatible with certain hardware
accessories manufactured by third parties, and Google makes no warranty with respect to
such hardware accessories. If you return the Acer Chromebook as provided in the Google Play
Terms of Sale, it does not cancel your service contract with your Internet Service Provider
(if applicable), so you must contact your Internet Service Provider (and any other
applicable service provider(s)) directly to cancel service(s).
You acknowledge that Acer, as the manufacturer of the Acer Chromebook, provides a limited
manufacturer’s warranty for repairs and service of the Acer Chromebook. Please refer to the
warranty card in the Acer Chromebook package or contact the support center on www.acer.com
for details on the Acer Limited Warranty terms and how to make a claim under the Acer
Limited Warranty. This additional warranty does not affect your legal rights.
Chromebook Pixel Addendum
The following paragraphs only apply if you purchase a Chromebook Pixel.
The Chromebook Pixel is manufactured by Google Inc., 1600 Amphitheatre Parkway, Mountain
View, California, USA, ("Google").
You acknowledge that the Chromebook Pixel does not come with a cellular data plan, a
wireless service plan or other Internet connectivity service. You are solely responsible
for obtaining access to the Internet through a cellular data service provider, a wireless
service provider or other Internet connectivity service provider (each an "Internet
Service Provider") whose service is compatible with the Chromebook Pixel. To
access the Internet using the WiFi functionality, you understand that you will need access
to a 802.11a/b/g/n access point WiFi router.
If you purchased the 4G Chromebook Pixel, you will need to obtain cellular data or wireless
services from a provider of compatible cellular data or wireless services to obtain 4G
functionality. Check with your carrier for compatibility and 4G data plan availability as
cellular data plans are sold separately.
You agree that Google has no responsibility for the provision of cellular data services,
wireless services or other Internet connectivity services, or the terms under which
Internet Service Providers may offer those services. Internet Service Providers may charge
you for usage and other fees that Google does not control.
Battery life depends on device settings, usage, and many other factors. Battery tests are
conducted using specific Chromebook Pixel units; actual results may vary.
Actual formatted capacity of your device will be less than the memory listed.
You understand that the Chromebook Pixel may only be compatible with certain hardware
accessories manufactured by third parties, and Google makes no warranty with respect to
such third party hardware accessories.
Returning the Chromebook Pixel as provided in the Google Play Terms of Sale, does not
cancel your service contract with your Internet Service Provider (if applicable), so you
must contact your Internet Service Provider (and any other applicable service provider(s))
directly to cancel service(s).
You acknowledge that Google, as the manufacturer of the Chromebook Pixel, provides a
limited manufacturer’s warranty for repairs and service of the Chromebook Pixel. Please
refer to the warranty card in the Chromebook Pixel package or contact the appropriate
Google Chrome OS Support Center for details on the Google Limited Warranty terms and how to
make a claim under the Google Limited Warranty. The Google Limited Warranty does not affect
your legal rights.
Google Chrome OS Support Centers
USA
855-31-PIXEL, or
www.chromebook.com/pixel/support