TERMS OF SALE
effective April 22, 2014
THESE TERMS OF SALE GOVERN YOUR PURCHASE OF PRODUCTS AND SERVICES ON LYTRO.COM. YOUR PURCHASE ON LYTRO.COM MEANS THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SALE. PLEASE, REVIEW THEM CAREFULLY.
At this time, Lytro, Inc. (“Lytro,” “we” or “us”) delivers only to addresses within the US. By placing an order on Lytro.com, you confirm that either (1) you are entering into this contract on your behalf and you are legally capable of entering into this contract, or (2) you are entering into this contract on behalf of an entity and you have the right to legally bind that entity to these Terms of Sale.
Your Information and Account
If you have an account to purchase products and services on Lytro.com, you are responsible for maintaining its confidentiality and for restricting access to it. You accept responsibility for all transactions under your account.
Once you place an order, we will send you a receipt email acknowledging the order. An order acknowledgement does not mean that we have accepted your order. We reserve the right to reject any order and to limit quantities on any order. If we reject your order, we will notify you by using the email address you gave us.
Price; Shipping and Handling Fees; Sales Tax
Advertised prices on Lytro.com do not include shipping and handling fees or sales taxes. We will notify you of all applicable shipping and handling fees and sales taxes (based on shipping address) prior to you completing your order. We will add these shipping and handling fees and sales taxes to the cost of your order at the time you place it.
We reserve the right to change advertised prices at any time prior to you completing your order.
We accept the kinds of US credit cards listed on the purchase page of the Lytro website. If you are placing a pre-order, at the time of placing the preorder we will charge your credit card for the amount that is listed on the checkout page as immediately due. We will charge your credit card for the full purchase price, less any prepaid preorder amount, when we are ready to ship your order. However, at the time when you place an order or a pre-order we may pre-authorize up to the full amount of the order with the card issuer. Pre-authorization will deduct this amount from your credit limit and “hold” the amount until the earlier of (1) the expiration of the “hold” period pursuant to the card issuer’s policies, and (2) us shipping your order and charging your credit card. If we charge your account after the expiration of the “hold” period, it will be your responsibility to ensure that you have sufficient funds in your credit line to process the transaction.
Shipment and Delivery; Title and Risk of Loss
If the estimated shipment date is more than 30 days after your order, we will provide you with our good faith estimate of the anticipated shipment date or period. However, we do not guarantee any shipment or delivery dates. Title and risk of loss pass to you at the time of delivery to the address you provided when you placed your order.
You may cancel your order until the time that it has been released to the warehouse for shipment. If your credit card expires or becomes otherwise inactive before we process the transaction, we will cancel the order and notify you at the email address you have given us.
No Purchase with Intent to Resell
You may not purchase products or services through the Lytro website with the intent to resell them. To restrict resales, we reserve the right to impose, from time to time, restrictions on quantities and/or timing of purchases. We will announce such restrictions on Lytro.com or otherwise communicate them to you, and they become a part of these Terms of Sale until removed by us.
The software on and for the Lytro camera is subject to the Lytro, Inc. Software License Agreement, and you agree that you are bound by such Software License Agreement in addition to these Terms of Sale.
Return and Refund Policy
You may return your Lytro product(s) purchased from Lytro.com within 30 days after we have shipped it to you. However, if you have placed a pre-order eligible for an extended return period, then you will have 60 days from shipment to return the pre-ordered products eligible for such extended return period. When we receive back the product(s), we will refund you the purchase price, less any applicable shipping and handling fees paid by you at the time of purchase. You must follow the return procedure outlined below. Your return must be in as-new condition, with the serial number intact, in the original packaging and accompanied by any accessories and documentation that shipped with the product(s), including any promotional products or other items shipped to you with the original order.
Please, download all your pictures before returning your Lytro camera. We are not responsible for any pictures on returned cameras.
For return instructions, please contact Lytro customer support by visiting our support page at /support and contacting us via one of the methods listed there. We will issue you a Return Material Authorization (RMA) number and return instructions via email usually within 2 business days after placing your request for return. You are responsible for properly packaging, labeling and shipping back the product(s); please see our "how to return your Lytro camera" page for proper packing instructions. You are responsible for any damage or loss while the product(s) is in your possession or in transit. We strongly recommend that you use a trackable shipment method. Risk of loss will pass to us at the time we receive the returned Lytro product(s). We must receive the product(s) at the address indicated in the return instructions within 14 calendar days of the issuance of the RMA number. If we receive it more than 14 days after we issue you the RMA number, we cannot guarantee that we will give you a refund.
If you’re an APO/FPO customer and you are outside the domestic delivery area, this Return and Refund Policy applies, but you are responsible for shipping the product back to the US return address and for any associated handling, customs, and inventory liability. We recommend that you insure the product against loss while in transit.
We reserve the right to reduce your refund credit in the amount of any missing or damaged product accessories.
Limited Warranty of Hardware
The limited warranties provided by Lytro apply only to new Lytro-branded cameras and related accessory products (“Accessories” and collectively with Lytro cameras, “Lytro Products”) that you purchased in the United States directly from Lytro or an authorized Lytro reseller for your own use, and not for resale.
Lytro warrants that the Lytro camera will be free from defects in workmanship and materials, under normal non-commercial use, for one (1) year from the original purchase date, and that the Accessories will be free from defects in workmanship and materials, under normal non-commercial use, for ninety (90) days from the original purchase date. However, if you have preordered a Lytro camera eligible for an extended warranty period, then Lytro warrants that such Lytro camera will be free from defects in workmanship and materials, under normal non-commercial use, for two (2) years from the original purchase date.
Any products purchased from Lytro that are not Lytro-branded products are covered by the warranty, if any, of the respective branded manufacturer.
Our warranties do not apply to:
- Software, including any firmware, operating system or application software delivered to you either prior to or subsequent to delivery of the Lytro Product to you;
- Any website services provided by Lytro or third parties in connection with the Lytro Product;
- Any third party products (including software) or services, included with or used with the Lytro Product, or damages to the Lytro Product caused by third party products or services;
- Damage to the surface of the Lytro Product, including cracks or scratches to the LCD display, or any other cosmetic damage;
- Damage that results from accident, abuse, misuse, neglect or any use of the Lytro Product other than for its intended use;
- Damage that results from any unauthorized attempts to open, maintain, repair or modify the Lytro Product; and
- Damage that results from the Lytro Product being subjected to abnormal physical, thermal or electrical stress, including water, dust, power fluctuations or other hazards.
As your sole and exclusive remedy and Lytro’s entire liability under this warranty, Lytro will, at its option, repair the Lytro Product or replace it with a comparable Lytro Product. Replacement Lytro Products and parts used to repair the Lytro Products may be new, refurbished or reconditioned. Repaired or replaced Lytro cameras are warranted for the unexpired portion of the original warranty period or 90 days from the date of shipment of the repaired or replacement Lytro Product, whichever is longer. Repaired or replaced Accessories are warranted for the unexpired portion of the original warranty period. All Lytro Products and parts that are replaced become the property of Lytro.
You must contact Lytro Customer Support within the warranty period and furnish a dated proof of original purchase prior to the return of any Lytro Product for warranty service. To obtain contact information, refer to Lytro’s website at /support. Upon validation of your warranty entitlement, Lytro will issue a Return Material Authorization (RMA) number along with return instructions. You must ship the Lytro Product to the designated location, postage pre-paid, in original or equivalent packaging within five (5) days after Lytro’s issuance of an RMA number. The returned Lytro Products must not have missing or altered serial numbers or other identification marks that appear on the Lytro Products as delivered. Lytro will not be responsible for any Lytro Product damaged or lost in transit. Lytro will return the repaired or replacement Lytro Product to you, postage pre-paid, in the United States.
Lytro will not be responsible for the loss or damage of any software, data or information contained in or stored on any Lytro Product. Data recovery is not included in the warranty service. Prior to shipping the Lytro camera back to Lytro, you should download all photos and other personal information from the Lytro camera. Lytro and its agents may delete any and all such photos and other personal information without any liability.
THESE LIMITED WARRANTIES ARE IN LIEU OF, AND LYTRO EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN THE EVENT THAT THE DISCLAIMER OF ANY IMPLIED WARRANTIES IS PROHIBITED BY STATUTE, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THESE EXPRESS WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LYTRO OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS LIMITED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
All software on and for the Lytro camera is provided “as is” and without any warranties, as further described in the Lytro, Inc. Software License Agreement.
For customer support, please contact us via /support. Our support hours are 9 a.m. to 9 p.m. Pacific Time, Tuesday through Saturday.
We strive to provide accurate information on our website. However, we do not warrant that product information on our website is accurate, current or error-free. We reserve the right to cancel any placed order if there was an error on our website concerning price, availability or other information about the Lytro products.
Limitations of Liability
LYTRO, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY (1) PERSONAL INJURY; (2) SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS); OR (3) COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE LYTRO.COM, THE LYTRO WEBSTORE, OR ANY PRODUCTS, SERVICES, CONTENT, MATERIALS OR INFORMATION PURCHASED FROM OR PROVIDED BY LYTRO, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THESE LIMITATIONS WILL APPLY EVEN IF LYTRO HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LYTRO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES OF PERSONAL INJURY) EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO LYTRO FOR THE PRODUCT OR SERVICE GIVING RISE TO THE DAMAGES, OR (2) US$25. THE LIMITATIONS IN THIS PARAGRAPH ARE A PART OF THE BARGAIN BETWEEN THE PARTIES AND APPLY EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
See the Lytro, Inc. Software License Agreement for the limitations of liability applicable to the software on and for the Lytro camera.
Changes to Terms of Sale
We may change our Terms of Sale from time to time. We will post new versions of the Terms of Sale on our website.
Product Changes and Discontinuation
As we continually update our products, it is possible that there could be changes to the product that occurred after you placed the order but before the product actually shipped to you.
You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Lytro camera, nor any of its components or software, are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
These Terms of Sale and any related action will be governed by the laws of the State of California, without regard to conflict of laws provisions.
Any notices pursuant to these Terms of Sale will be in writing and given: (1) by us via email (in each case to the address that you provide) or (2) by you to email@example.com.
Legal Name and Address
Our legal name is Lytro, Inc. Our address is 1300 Terra Bella Avenue, Suite 100, Mountain View, CA 94043. If you would like to receive this information by email, write to firstname.lastname@example.org.
No Lytro employee or agent has the authority to vary these Terms of Sale. If a court of competent jurisdiction finds any provision of these Terms of Sale invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Sale will remain in full force and effect. The waiver or failure by Lytro to enforce any terms or rights in these Terms of Sale shall not constitute a subsequent or continuing waiver of such term or right. These Terms of Sale and the documents referred in them constitute the entire agreement between you and Lytro concerning your purchase, and they supersede any and all prior representations, warranties or other agreements or understandings, whether oral or written, between you and Lytro concerning the subject matter of these Terms of Sale.
© 2011-2014 Lytro, Inc. All rights reserved. Lytro and the Lytro logo are trademarks of Lytro, Inc.