Terms of Sale
Date of last revision: Wednesday, August 8, 2018
IMPORTANT: PLEASE READ THESE TERMS OF SALE (“TERMS”) CAREFULLY BEFORE PURCHASING ITEMS FROM OUR STORE (DEFINED BELOW). BY PLACING AN ORDER OR PURCHASING AN ITEM, YOU’RE AGREEING TO BE BOUND BY THESE TERMS AND THE AGREEMENTS AND POLICIES REFERENCED BELOW.
IF YOU DON’T AGREE WITH OUR TERMS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER REFERENCED BELOW, YOU MAY NOT BUY AN ITEM AT OUR STORE.
Items at Our Store
Hi, creator! We’d like you to have a great shopping experience with the Magic Leap online store made available on magicleap.com, any associated websites linked to magicleap.com, and any other website or mobile site that links to these terms (to make this easier on us, we call the store provided through these sites our “Store” in these terms).
These terms apply to transactions at our Store. That means, they apply when you place an order or buy a Magic Leap One, a Magic Leap "Accessory” (which means any of the following: our Control, Control charger, Lightpack charger, Fit Kit, Hub, or Shoulder Strap), a third-party item (e.g., a product not manufactured by Magic Leap), or any other item or service (collectively, “Items”) from Magic Leap, Inc. (“Magic Leap”, “we” or “us”). To be clear, Items include items we resell or sell on behalf of a third-party manufacturer, provider or seller. Additional terms may apply to your use of Items.
Buy Your Items
It’s easy: once you type in the zip code where you want Items delivered, we’ll tell you if we can deliver Items to your area. If we can, simply create or log into your Magic Leap Identity account, register for our Creator Portal (if you haven’t already), select Items to add to your shopping cart, provide the information required at checkout, and confirm your purchase. If we accept your purchase, we’ll confirm it by emailing you an order confirmation once you’ve completed this process. Note, we reserve the right to limit the amount of Items you can buy at any one time.
If we don’t deliver to your area yet but you are eligible to purchase an Item from our Store, you may be able to make a reservation for the Item instead. Reservations are subject to our Reservations Terms and Conditions.
Who Can Buy Items?
You must be a U.S. resident, and you cannot be barred from purchasing an Item under the laws of the United States (or of any other applicable jurisdiction) or any of your agreements. By placing an order or buying Items from us, you represent and warrant that you have the right, authority, and capacity to enter into these terms with us. If you are purchasing an Item on behalf of another person or entity, you further represent and warrant that you are authorized to accept these terms on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you violate these terms or any other terms and conditions, agreements, and policies we refer to in these terms.
Additional Terms and Policies
Your purchase and use of Items are subject to the applicable terms and conditions for those Items, including our Return Policy, which is incorporated into these terms. If you purchase a Magic Leap One, your use of it is also subject to the applicable Lumin Software End User License Agreement, and your purchase is subject to our One Year Limited Warranty Policy. If you purchased our Extended Warranty Policy alone (or as part of one of our programs), your purchase is also subject to that policy.
When you purchase or use third-party Items from our Store, your purchase and use are also subject to (and you agree to comply with) the applicable terms and conditions, agreements, and policies offered by that third party.
Information About You
You may use only valid payment methods acceptable to us to complete a purchase from our Store. When you place an order at our Store, you authorize us to charge the designated payment method you have chosen for the total amount of your order, including any applicable taxes and other charges. If your payment method can’t be verified, is invalid, or is otherwise unacceptable, your order may be suspended or cancelled. You must resolve any problems we encounter to proceed with your order.
Cancellations and Refunds
We reserve the right to cancel your order, including after you have been billed (if, for example, your Items are out of stock). If we cancel your order after you have been billed, we’ll give you a full refund of your billed amount. We also reserve the right to alter the number of Items in any order and reject all or part of any order.
Pricing and Taxes
All prices are as indicated in the order confirmation email we send you after you buy your Items. Prices will be shown in U.S. dollars and do not include applicable taxes and other charges payable in connection with your purchase, unless we state otherwise. We might change the prices that are displayed at our Store, but if we do, that change will not apply to an order you have already placed.
You are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your purchase and use of the Items. When we have a duty to collect applicable taxes, we will present an estimate of such taxes to be collected at checkout, except where we have clearly stated in writing that a price includes such taxes. The actual taxes charged and collected may differ from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Delivery and Shipping
We will try to deliver or ship orders (for in-stock Items and for locations where we currently deliver) to your specified shipping address as indicated in our Store, your order confirmation page, your order confirmation email, or other delivery-related emails we send you. We reserve the right to extend the amount of time it takes to deliver or ship your Items to you as indicated in our Store, your order confirmation page or order confirmation email. Depending on your delivery location, it may take up to four months for us to deliver or ship your order to you.
If you purchase a Magic Leap One, we may deliver your Magic Leap One via our third-party delivery partner Enjoy Technologies, Inc., however we reserve the right to substitute another carrier to deliver or ship your order.
You agree to pay any delivery or shipping and handling charges shown to you at the time you confirm your purchase. These charges are subject to change at any time, but we’ll let you know of applicable changes before you make your purchase. The actual delivery of your order may be affected by events beyond our control. We will try to deliver your Items on time, but we are not liable for deliveries past our projected delivery date. Fair warning, any delivery dates or times we show you during our checkout process are only estimates—they’re not guaranteed. The risk of loss or damage to an Item passes to you upon delivery of that Item to our specified carrier. Title to an Item passes to you upon delivery of that Item to you, provided that you have fully paid us for such Item. If an Item is not fully paid for upon its delivery to you, title of that Item remains with us and we have the right to retake possession of it (at your expense) until you fully pay for it.
We try to be as accurate as possible, but mistakes happen—we don’t warrant that all Item descriptions, photographs, pricing and other information at our Store are accurate, complete, current or error-free. If there are errors, we reserve the right to correct them and revise your order accordingly (which includes charging you the correct price for your Items or cancelling your order and refunding you any amount charged).
Returns and Limited Warranty
We accept returns, exchanges, and requests for repairs for physical Items in accordance with our Return and Warranty Policies. Full disclosure: we make no warranty with respect to any third-party Items (including their compatibility with Magic Leap One or Magic Leap Accessories), unless our Store expressly says otherwise. For third-party Items, please refer to the warranty policy and any other materials provided by that third party.
If you purchase a third-party Item, you may return that third-party Item to us in accordance with our Return Policy.
Not for Resale
Your purchase is just for you. You may not buy any Item for the purpose of reselling it to any third party. We reserve the right to refuse or cancel any Items you bought (or attempted to buy) that we suspect or determine you are buying to resell.
All Items are subject to import and export laws and regulations in the United States and elsewhere. You agree to buy, sell, export, re-export, transfer, and use any Items in compliance with these import and export laws and regulations, including laws and regulations that place restrictions on destinations, users, and end use. Further, you represent and warrant that you (i) are not located in a country that is subject to U.S. Government sanctions or has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) have not been identified as a sanctioned party by the US Office of Foreign Assets Control or any other applicable sanctions or denied persons list by any other applicable government agency. You will not use the Item if any applicable laws in your country prohibit you from doing so in accordance with these terms.
Items that are Services, Memberships, Plans or Bundled Items
We may make certain Items other than physical goods available in the Store, such as programs, memberships or other services for our developers, or provide special offers related to your purchase of Magic Leap One and related Magic Leap Accessories (such as bundled product packages or special services). Your purchase, use or receipt of any such Items may be subject to any additional terms and conditions presented to you at the time of such purchase or offer. Descriptions of such Items that are currently available on the Store and their related terms and conditions are available below.
Additional Terms for Publisher Membership
We’re super happy that you’re here and, to prove it, with each purchase of a Magic Leap One, we’ll waive (for a limited period of time) any program fees payable for registering and maintaining your publisher account. We’ll provide you advance notice (and require you to provide a payment method) before we begin charging you any publisher program fees. Your ability to register for a publisher account, your access to that account, and ability to publish applications to Magic Leap World are subject to the terms of our Publisher Registration Agreement. Other fees may still be payable in connection with use of the platform as specified in the Publisher Registration Agreement, including platform fees for app sales or sales of in-app materials. Note that we reserve the right to waive any fees in connection with use of the platform to anyone at any time, even individuals or entities who have not purchased a Magic Leap One.
Additional Terms for Priority Service Plan
Our “Priority Service Plan” includes services and perks that we think developers will love. If you purchase a membership to the Priority Service Plan, you will receive access to our RapidReplace service for in-warranty claims (as described below), early access to tickets to our conferences and other events, and early access to our software and developer tools. Our standard Priority Service Plan comes with a membership term of one year. We also offer an “Extended Priority Service Plan” that includes all the perks in the Priority Service Plan for a two-year term, plus the benefit of our Extended Warranty. Please read on for more information about our Priority Service Plan!
- Eligibility. All creators are eligible to purchase a membership to the Priority Service Plan and Extended Priority Service Plan (so long as you’ve agreed to our Creator Agreement and purchased a Magic Leap One, you’re eligible—hooray!).
- Purchase window. You can purchase a Priority Service Plan membership on the day you purchase your Magic Leap One or within thirty (30) days of your Magic Leap One delivery based on our shipping records with Magic Leap’s selected carrier (“Your Delivery Date”). You can purchase an Extended Priority Service Plan membership within ten (10) months from Your Delivery Date.
- Duration. Your membership in the Priority Service Plan begins on Your Delivery Date (even if you purchase the Priority Service Plan after Your Delivery Date). Unless you also elect to purchase a membership to the Extended Priority Service Plan, the Priority Service Plan expires one (1) year from Your Delivery Date. If you purchase a membership to the Extended Priority Service Plan, you will receive all the perks of the Priority Service Plan for two (2) years from Your Delivery Date (plus our Limited Extended Warranty).
- Refunds. The fees for the Priority Service Plan and/or the Extended Priority Service Plan (as applicable) may be refunded only with the valid return of your Magic Leap One in accordance with our Return Policy. Otherwise, the fees are non-refundable.
- We reserve the right to provide any of the perks of the Priority Service Plan and/or Extended Priority Service Plan to anyone at any time, even individuals or entities who have not purchased a membership to the Priority Service Plan.
We don’t want you to have a problem with your Magic Leap One, but if you do, “RapidReplace” is a service we provide to members of our Priority Service Plan that allows them to obtain a replacement Magic Leap One super fast under certain circumstances. See details below.
- How it works. If you think your Magic Leap One has an in-warranty issue, contact our Customer Care team with your request to activate RapidReplace. Our Customer Care team will ask you some questions about the issue and, if we make an initial determination that your Magic Leap One may have an in-warranty issue, Customer Care will send you a replacement device (which may be in new, “like new” or refurbished condition) on an expedited basis (the “Replacement Device”). Our Customer Care team will place a payment card hold on the designated payment method you provide for the Replacement Device (your “Designated Payment Method”). Upon receipt of your original Magic Leap One, we will inspect it and make a final determination as to whether the issue is in-warranty or out-of-warranty. Our Customer Care team will advise you of our findings and your options. If the issue with your Magic Leap One is in-warranty, you get to keep the Replacement Device with no additional charge. If the issue with your Magic Leap One is out-of-warranty, we will tell you how to return the Replacement Device (including the time frame for return) and/or can give you a quote for repairs to your Magic Leap One (including the estimated time frame for repairs).
- Payment Hold. You authorize Magic Leap to charge your Designated Payment Method in the event that (i) your original Magic Leap One had an out-of-warranty issue, and you fail to return the Replacement Device within the period of time provided by Magic Leap; or (ii) you authorize Magic Leap to repair or replace your original Magic Leap One within the time period we provide you. The amount that may be charged to your Designated Payment Method may include up to the full replacement value of the Replacement Device.
- One Per Year. With your purchase of a membership in the Priority Service Plan, you are entitled to one RapidReplace per year of membership. Please keep in mind that if you don’t use RapidReplace during the first year of membership in the Priority Service Plan, your right to use it expires (you can’t save it for your second year, even if you buy a membership in the Extended Priority Service Plan).
Additional Terms for Professional Developer Package
Our “Professional Developer Package” includes a one-year membership to our Priority Service Plan, as well as a Hub and Shoulder Strap.
- Eligibility. All creators are eligible to purchase the Professional Developer Package (so long as you’ve agreed to our Creator Agreement and purchased a Magic Leap One, you’re eligible—hooray!).
- Returns. The Professional Developer Package may be refunded only with the valid return of your Magic Leap One, Hub, and Shoulder Strap in accordance with our Return Policy. Notwithstanding our Return Policy, you may not return Items (e.g., Hub or Shoulder Strap) within the Professional Developer Package separately.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY WILL (A) MAGIC LEAP OR OUR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, COSTS, OR LIABILITIES ARISING FROM OR RELATED TO THE PURCHASE OR SALE OF ANY ITEM OR THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR EXPENSES OR BUSINESS INTERRUPTION; PROPERTY DAMAGE; ATTORNEYS’ FEES; LOSS OF PROFITS, USE, REVENUE, OR GOODWILL; OR VALUE OF ASSETS OR SECURITIES), EVEN IF MAGIC LEAP HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) MAGIC LEAP’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PURCHASE AND SALE OF AN ITEM EXCEED THE AMOUNT YOU PAID MAGIC LEAP FOR SUCH ITEM.
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MAGIC LEAP. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF MAGIC LEAP FOR (I) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY OR PROXIMATELY CAUSED BY THE ITEM YOU PURCHASED AT OUR STORE; OR (II) ANY DAMAGES CAUSED BY MAGIC LEAP’S FRAUD OR FRAUDULENT MISREPRESENTATION, INTENTIONAL MISCONDUCT, OR GROSS NEGLIGENCE OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Arbitration
These terms are governed by and construed in accordance with the laws of the State of California without resort to its conflict of law provisions. If there is any dispute under these terms or otherwise relating to your purchase or use of Items, you expressly agree that all such disputes will be solely governed by the venue and Agreement to Arbitrate and Waiver of Class Action provisions in the Account Terms and Conditions. Please read the Agreement to Arbitrate and Waiver of Class Action carefully to understand your rights.
If any provision or part of a provision of these terms is determined to be illegal, invalid, or unenforceable, the validity of the remaining provisions will not be affected and will be enforced to the fullest extent of applicable law. These terms (including the Return and Warranty Policies incorporated into these terms), together with the Agreement to Arbitrate and Waiver of Class Action provisions in the Account Terms and Conditions, contain the entire agreement between you and Magic Leap regarding your purchase of any Item at our Store and supersede any prior representation or agreement, oral or written.