Glass Explorer Edition Terms of Sale
Effective: March 1, 2017 (view archived versions)
These Glass Explorer Edition Terms of Sale, and any other terms referred to in these terms ("Terms"), apply between you and Google Commerce Limited, whose principal place of business is at Gordon House, Barrow Street, Dublin 4, Ireland (referred to as "Google" or "we"), when you purchase Glass Explorer Edition devices and/or accessories ("Device") from a Google representative. (If you purchased your Glass Explorer Edition device and/or accessories from the Google Play Store, please click here, for the applicable terms of sale.)
Please carefully read these Terms. By purchasing 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 make a purchase. To make a purchase, you must be 18 years or older.
You consent that in order to process your payment and to protect you and Google from fraudulent transactions, Google may provide your payment information to reputable third parties to perform address verifications and to assist in completing your purchase.
Please refer to the Glass Support page to learn more about any support offered by Google in connection with your Device.
When you purchase a Device, you permit Google to charge the credit card, debit card or other payment method you have chosen for your purchase in the total amount of purchase.
Google reserves the right to cancel any purchase and issue you a refund if, for example, a Device is not available or you have purchased more than the maximum number of Devices permitted per customer.
Prices and Taxes
All prices include VAT. Prices are subject to change at any time without notice, but price changes will not affect purchases that you have already made. Should Google reduce its price on any Device within 30 days from the date you purchase it, you must contact Glass Support within 30 days of the price change to request a refund or credit for the difference between the price you were charged and the reduced price. Google 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.
You may not purchase more than the maximum number of Devices that we specify from time to time.
Import and Export
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.
Use of the Device
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 Google account or open a Google 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. Google 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 Google services on your Device. Use of that software may be subject to additional licensing terms.
Resale and Gifts
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. These Terms apply to any gift recipient.
Device Technical Specifications
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.
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. For example, if you decide to cancel your purchase and return the Device, or if you have to send a Device to Google for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google. Google will not be responsible for any use or disclosure of any data that resides on a Device. 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 or other data stored on your Device. We strongly recommend that you back up your data periodically.
If for any reason you don’t want to keep your Device, you have 30 calendar days to return it from the date you purchased it. To initiate a return please contact Glass Support and obtain a Return Merchandise Authorization form. The Device must be returned to Google in its original packaging to the address set out on the Return Merchandise Authorization form and according to the instructions provided in the Return Merchandise Authorization (RMA) form. Google will issue a refund using your initial payment method for the amount paid for the Device, less any shipping and handling charges, within a reasonable time after Google receives the Device. This return policy is in addition to your legal rights in relation to Devices that are faulty or not as described, as set out below.
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. If you have a defective Device, please contact Glass Support.
If Google provides you with a replacement Device, you agree that Google may exchange the defective Device with either a new or refurbished Device. Unless otherwise required under applicable laws, Google may only provide repair or replacement for Devices if you are located in a country in which Google sells Devices. If you are a consumer, nothing in this section affects your legal rights.
You are entitled by law to certain rights when you purchase a Device. For example, we promise that we are entitled to sell Devices to you. We are under a legal duty to supply Devices that conform with the description we have given of them prior to your purchase, are of acceptable quality and are fit for purpose. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
This Limited Warranty is provided by Google Inc., whose registered address is at 1600 Amphitheatre Parkway, Mountain View, CA, USA, 94043. It gives you specific legal rights for the Glass Explorer Edition Device and its accessories. The Limited Warranty is a voluntary manufacturer’s warranty. It provides rights separate to rights provided by statutory warranty law. Those statutory warranty rights are not restricted by this Limited Warranty. As such, the Limited Warranty benefits are in addition to, and not instead of, your statutory warranty rights. If your Device is defective you may have statutory rights, in particular repair or replacement of the defective Device, or alternatively, in some cases, a price reduction or the right to cancel the contract and make a claim for damages or expenses. You have the choice of making a claim under statutory warranty law or under the Limited Warranty.
Google Inc. warrants that the Device will be free from defects in materials and workmanship under normal use as described in the user guide for one year from the date of original purchase by you in the UK (“Limited Warranty”). This Limited Warranty is only valid and enforceable in the UK and will only apply if you have purchased your Device from Google or through Google-approved sales channels. This Limited Warranty applies only to hardware components and Google Inc. does not provide any warranty for damage caused by normal wear and tear, accidents, misuse (including failure to follow product documentation and plugging the device or other included parts into the wrong type of port), neglect, disassembly, alterations and external causes such as but not limited to extreme thermal or environmental conditions (including but not limited to moisture and heavy dust), installation or enabling of unauthorized software or services, unauthorized alterations to the Glass software or Glass services, unauthorized resale, lease, rental, or commercial use. This Limited Warranty does not guarantee that use of the Device will be uninterrupted or error free.
WARRANTY REMEDY: If a defect arises in the Device during the one-year Limited Warranty period, and you follow the instructions for returning the Device, Google Inc. will, at its option, either (i) repair the Device using new or refurbished parts, (ii) replace the Device with a new or refurbished Device, or (iii) refund the purchase price of the Device. This limited warranty applies to any repair, replacement part or replacement Device for the remainder of the original warranty period. All replaced parts and Devices for which a refund is given will become our property. Please contact Glass Support for specific instructions about how to obtain warranty service for your Device. In order to qualify for the remedy above, you must provide your name, contact information, and the serial number of your Device. In certain situations, you may also be required to provide a purchase receipt. Before you deliver your Device for warranty service, it is your responsibility to backup any data, software, or other materials you may have on your Device, and to factory reset your Device before delivering it. We will not be responsible for any data, software, or materials that are lost or reformatted.
No employee or representative of Google Inc. or its affiliates or any third party is authorized to make any modification, extension or addition to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable, the remaining terms of this Limited Warranty will remain in full force and effect.
Device Features Outside of Google's Control
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 or equivalent WiFi access point as described in the Device technical specifications.
You agree that, unless specifically provided in any Device description page, Google 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 Google does not control.
You understand that the Device 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 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).
Limitation of Liability
Google and its subsidiaries and affiliates, including suppliers (collectively, "Google Parties") shall not be liable (whether under contract, tort (including negligence) or otherwise) for: (a) losses that were not caused by our breach of these Terms; (b) any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of Google breaching these Terms; (c) losses relating to any business of yours, loss of profits, or loss of opportunity; or (d) loss of data stored on the Device, or inability to access data. Nothing in these Terms is intended to exclude or limit Google's or any Google Party's liability for: (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; (iii) any implied terms as to title which cannot be excluded or limited by law; or (v) any liability that cannot be excluded or limited by law. If you are a consumer, nothing in this section affects your legal rights.
Governing Law and Jurisdiction
The laws of England apply to these Terms 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 of the English courts, or the courts of your usual place of residence. 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 purchase the Device will apply to such purchase and Device. Google reserves the right to make changes to these Terms from time to time, and any such changes will apply to future purchases.
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.
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.