Terms of Sale for Magic Leap 2
Last Revised: June 13, 2022
IMPORTANT: PLEASE READ THESE TERMS OF SALE FOR MAGIC LEAP 2 (“TERMS OF SALE”) CAREFULLY BEFORE PURCHASING ITEMS FROM MAGIC LEAP. BY PLACING AN ORDER, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS, INCLUDING OUR MAGIC LEAP 2 RETURN AND MAGIC LEAP 2 WARRANTY POLICIES. IF YOU DON’T AGREE WITH OUR TERMS, YOU MAY NOT PLACE AN ORDER. BY PLACING AN ORDER, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS WITH US.
These Terms of Sale are a binding agreement between you and Magic Leap, Inc. (“Magic Leap” or “we”). If you are an individual placing an order on behalf of an entity, you represent and warrant that you have the legal authority to bind such entity to these Terms of Sale and that such entity agrees to be responsible to us in the event you violate these Terms of Sale. Except for the prior sentence, when we say “you” throughout the remainder of these Terms of Sale, we mean, collectively, the person placing the order and such legal entity (if applicable).
These Terms of Sale govern your purchase of Magic Leap 2 devices and certain other products manufactured by Magic Leap (collectively, “Magic Leap 2 Products”), as well as certain associated services or offerings, and/or any third-party products offered for sale by Magic Leap (such services and third-party products together with the Magic Leap Products, “Items”) from Magic Leap. Any quote, order, invoice, confirmation, other documentation and/or related terms and conditions issued or presented by you in connection with the sale of Items (whether before or after you agree to these Terms or Sale, and whether in an invoice, purchase order, online portal or otherwise) shall be of no force or effect and shall be void and canceled.
This version of our Terms of Sale governs the purchase of Items from Magic Leap for our second generation product series, including the Magic Leap 2 augmented reality Headset, Compute Pack and Controller, and Items consisting of related software and accessories. Please visit magicleap.com/ml1/legal for copies of the terms of sale, warranty and return policy, and user agreements for Magic Leap’s first generation augmented reality devices (Magic Leap 1 and Magic Leap One: Creator Edition), software or ecosystem. Separate agreements govern the purchase and use of such materials.
1. Your Purchase
2. Additional Terms
Your purchase and use of Items may be subject to, and you agree to be bound by and comply with, additional terms and conditions applicable to those Items, which may include the Magic Leap 2 Software License Agreement. Before you use a Magic Leap device, you agree to carefully read the safety and setup information available at magicleap.com/start.
When you purchase third-party Items from us, your purchase and use of such third-party Items may also be subject to (and you agree to comply with) terms and conditions, agreements, and policies imposed by that third party manufacturer.
You may only use valid payment methods acceptable to us to make your purchase (e.g., accepted credit cards, electronic funds transfer or other accepted payment method). When you place an order, you must provide accurate and up-to-date payment information. You authorize us to charge or otherwise initiate (or you agree to initiate, as required) payment for your orders via 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 canceled. From time to time, we may receive updated information from your issuing bank or applicable payment service provider about any payment method you have stored through our online stores, and you authorize us to use such updated information to charge such payment method.
If you are an entity, we may elect (subject to your creditworthiness, as determined by us in our sole discretion) to offer you the option to pay for the Items in your order within a specified number of days from date of invoice for such Items. Extensions of credit or post-delivery payment are not available to sole-proprietors or individual consumers, or to purchasers who elect to pay by credit card.
4. Cancellations and Refunds
We reserve the right to cancel your order, including after you have been billed (for example, if Items you ordered are out of stock). We also reserve the right to reduce the number of Items in any order and reject all or part of any order. If we cancel or only partially fulfill your order after you have paid, we’ll provide you a full refund of any amounts you have paid for Items we do not ship or deliver.
5. Pricing and Taxes
Prices for the Items may be shown in U.S. dollars or in the currency of another jurisdiction where we make Items available for sale. We may, at any time, change the prices for Items we offer for sale, but if we do, that change will not apply to orders we have already accepted.
Prices may not include applicable taxes or other charges payable in connection with your purchase, unless required by applicable law. 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 the checkout point or with our order confirmation, including by indicating that Item prices include 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. We are not required to, and do not, collect taxes in all states. You may have a duty to directly report and pay taxes if we do not collect such taxes.
6. Shipping and Delivery
If we provide you with a delivery estimate, we will use commercially reasonable efforts to ship or deliver orders (for in-stock Items) to your specified shipping address within the delivery estimate we provide to you, but we do not guarantee that your order will be delivered within the delivery estimate. We reserve the right to extend the delivery period beyond the original delivery estimate provided if necessary.
You agree to pay any delivery or shipping and handling charges shown or communicated to you at the time you place your order. These charges are subject to change at any time, but any such changes will not apply to orders we have already accepted. Risk of loss or damage to an Item passes to you upon delivery of that Item to your specified shipping address. If you have fully paid for an item, title to the Item also passes to you upon delivery of that Item to your specified shipping address. If, however, an Item has not yet been fully paid for by you by the time it is delivered, title to that Item remains with us and we will have the right to retake possession of it (at your expense) at any time until you fully pay for it. Unless otherwise agreed in writing, all partial payments for orders will be applied proportionally to each Item in an order.
We try to be as accurate as possible, but mistakes happen—we don’t warrant that all Item descriptions, photographs, pricing and other information we provide are accurate, complete, current or error-free. If there are errors, we reserve the right to correct them and, at our discretion, revise your order accordingly (which includes charging you the correct price for your Items or cancelling your order and refunding you any amount charged).
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