Terms and conditions
TERMS AND CONDITIONS
These Terms and Conditions shall apply to all purchases submitted or to be submitted by you for any item, service or subscription offered to you on or via the LeapfrogTM website, a LeapfrogTM device or other LeapfrogTM application (referred to in these Terms and Conditions as the “Products”), including, but not limited to, (i) hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software (“Hardware”), (ii) LeapfrogTM software, including content and content programs offered by LeapfrogTM and all Internet-based downloadable (“Software”) and (iii) services offered by LeapfrogTM from time to time (“Services”), which may include (separately or bundled) Internet-based services, (third party) functionality or content, whether offered to you on a subscription basis (“Subscription”) or on a pre-paid basis and delivered in one or more parts.
Any purchase order submitted is subject to acceptance by LeapfrogTM. Only upon acceptance by LeapfrogTM by way of an order confirmation is the agreement concluded.
LeapfrogTM reserves the right to reject any orders in full or in part or to apply a maximum order amount.
All orders for Hardware are subject to stock availability.
- PRICE AND PAYMENT
Prices indicated on the website are exclusive of state and local sales and use taxes. You are responsible for any such state and local sales and use taxes, and any other taxes and government levies, if any, associated with your order. Leapfrog is not bound by price indications in the webshop which the buyer must reasonably or apparently understand are incorrect and which, for example, have occurred due to technical problems, manipulation by the costumer or apparent mistakes made by Leapfrog. Shipping and handling charges (if any) will apply in addition to the sale price indicated on the website and the applicable sales and use taxes. Prices are subject to change at any time but will not affect orders for Hardware, Software, or Services made prior to the date of the change (subject to clause 7c).
All orders must be paid for through the payment service as made available by LeapfrogTM (“Payment Service”). In order to submit orders and use the Payment Service you must supply details of your preferred payment method, billing and shipping address (if applicable) and/or any other details necessary to complete the order.
- DELIVERY AND RISK OF LOSS
LeapfrogTM will endeavor to deliver or activate the Product within thirty (30) days of order acceptance. If multiple Products are ordered, LeapfrogTM reserves the right to deliver or activate each Product separately.
Products will be delivered either to your delivery address or possession, or electronically. The risk of loss or damage to the Products will pass to you at the moment the Products leave the Leapfrog warehouse.
If you refuse or neglect to take delivery of the Products, LeapfrogTM reserves the right to charge you up to the full order value.
If delivery to you should fail for any reason outside of LeapfrogTM’s control, LeapfrogTM reserves the right to cancel the purchase agreement and refund any moneys paid
If LeapfrogTM delivers a Product or an amount of a Product that you did not order or activates a Product on your device by mistake, you shall immediately inform LeapfrogTM of its mistake by email via email@example.com and you shall, at LeapfrogTM’s request, immediately arrange for the return of the Product (the costs of which shall be met by LeapfrogTM), de-install or destruct the Product.
Acceptance of a non-ordered Product or amount of a Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with LeapfrogTM.
- RETURN POLICY
All requests for refunds or repairs are subject to inspection by LeapfrogTM of the returned item. LeapfrogTM will issue refunds through a bank transfer. If you choose to return any Hardware, you must contact LeapfrogTM during the fourteen (14) business days following receipt by email via firstname.lastname@example.org to obtain a Return Materials Authorization number and return the Hardware in its original packaging, free of all interests, liens, or claims otherwise, to the address provided by LeapfrogTM. LeapfrogTM will not issue any refunds in response to requests made more than fourteen (14) business days following receipt of the item. LeapfrogTM will only accept returns on items purchased directly from the LeapfrogTM store. During receipt of the goods at the Leapfrog warehouse Leapfrog will perform inspection of the goods. If the goods are badly packed (e.i. the packaging looks like damage to the product could have occurred during shipment), goods are altered or wrong amounts are shipped, Leapfrog withholds the right to reject the shipment.
All shipping costs related to warranty repair or refund scenarios are to be borne by the customer.
If the item has not been opened, LeapfrogTM will refund the purchase price actually paid minus shipping and handling charges maximum 60 days after receipt of the goods at Leapfrog’s warehouse. The handling charges (e.i. ‘restocking fee’) can be up to 20% of the total invoice value and will be determined by the sole discretion of Leapfrog after receipt of the Goods.
If the item has been opened and/or altered, LeapfrogTM will charge a fee up to the full order amount in addition to shipping and handling charges to retrieve the products to Leapfrog warehouse.
LeapfrogTM will not issue refunds for products that have been defaced, altered, used, or damaged in any way.
Purchases of Software may be cancelled in accordance with clause 5(a) provided that the seal has not been broken nor the tie wraps are cut. Downloading, installing or activating Software are all considered as breaking the seal.
You agree that the supply of Services by LeapfrogTM will commence immediately on LeapfrogTM’s acceptance of your purchase order or placed order via the website. You will not be able to cancel the purchase agreement after supply of the Services commences.
All sales of products sold as Refurbished are final and cannot be returned, refunded or altered in any way.
- LICENSE, COPYRIGHT & CONFIDENTIALITY
Subject to these Terms and Conditions, you are granted a license to reproduce in order to install and execute the Software, Services and/or the data, information, functionality or other content (“Content”) provided to you as part of the Hardware or via for personal and private use only on the terms set out in this article 6 (“License”). You may install and use the Software, Services and Content on only one computer device at any time and in combination with only one Product. You may not provide the Software, Services or Content to others, directly or indirectly for their or anyone else’s use. This License is non-exclusive and non-transferable which means that LeapfrogTM is free to license the Software, Services and Content to other customers and that your right to use the Software, Services and Content cannot be transferred by you to someone else or to another piece of Hardware. This License does not include any right to obtain future upgrades, updates or supplements to the Software, Services or Content. If upgrades, updates or supplements to the Software, Services or Content are obtained, however, the use of such upgrades, updates or supplements will be governed by these Terms and Conditions or such other terms and conditions as you shall be asked to accept prior to Leapfrog supplying you with the relevant upgrade, update or supplement.
LeapfrogTM reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the Software, Services or Content, unless the provision of such updates, upgrades or supplements forms an integral part of the Product, as indicated by LeapfrogTM at the time of sale.
Without prejudice to any other rights, LeapfrogTM may immediately terminate the License without notice of default being required if you fail to comply with any material term of these Terms and Conditions which shall be understood to include clauses 6 and 9. In such event, you must destroy all copies of the Software and all of its component parts as well as any Content.
Copyright and other intellectual, industrial and/or proprietary rights to the Software, to the Content, the Services and to any copies made of it are owned by LeapfrogTM and/or its suppliers. LeapfrogTM permits you to use the Software, Services and Content only in accordance with these Terms and Conditions. All rights not specifically granted in these Terms and Conditions are reserved by LeapfrogTM. You may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single medium provided the original is kept solely for backup or archival purposes. Product manual(s) or written materials may not be copied, except for your own use. You may not copy, download, upload or in any other way reproduce Content, except for creating one copy solely for backup or archival purposes. You do not acquire ownership of the Software or Content.
You acknowledge and agree that the Products were developed at considerable time and expense by LeapfrogTM and are confidential to, and a trade secret of, LeapfrogTM and/or other third parties. You undertake to maintain the Products in strict confidence and not to disclose or provide access to the Product to any third party.
Subscriptions will be entered into for an indefinite period of time, unless LeapfrogTM and you have agreed on a fixed period of time.
If your Subscription is for an indefinite period of time, either you or LeapfrogTM may terminate your Subscription by taking a notice period into account of 30 days (your notice to be sent to email@example.com, by e-mail. This notice period starts on the first collection date after receipt of your notice of termination by LeapfrogTM. If your Subscription is for a fixed period of time, it will automatically end upon expiration of such period of time.
LeapfrogTM reserves the right to change the prices for or the terms and conditions applicable to your Subscription, subject to giving you prior notice thereof (either via email, the LeapfrogTM website or otherwise). If such change will result in higher prices or otherwise works towards your disadvantage (but not in case the higher prices result from higher government levies or taxes), you may terminate your Subscription prior to and against the date such change comes into effect by sending an e-mail via.
LeapfrogTM may terminate your Subscription as per the end of a calendar month by providing at least 30 days prior notice if LeapfrogTM decides to discontinue offering such Subscription.
LeapfrogTM may terminate your Subscription with immediate effect without notice of default being required if (i) you fail to comply with any material term of these Terms and Conditions which shall be understood to include clauses 6 and 9 or (ii) collection through the Payment Service for Subscriptions should fail after a second attempt.
Upon termination of your Subscription, your License as detailed in clause 6 will terminate simultaneously.
- THIRD PARTY SOFTWARE MATERIALS
LeapfrogTM Products may make use of third party software codes, data, information functionality, other content and algorithms (“Third Party Materials”). The use of Third Party Materials included in the Products may be subject to other terms and conditions. The official copyright notices and specific license conditions of these Third Party Materials are to be found in or via our website. You hereby agree that the submission of any order implies that you have read and accepted the terms and conditions for any Third Party Materials included in the Products ordered.
- OTHER RESTRICTIONS
Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Products is prohibited. Other than as permitted by applicable legislation, you will not, and will not allow any person to, modify the Products or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Products, or to break or circumvent encryption or to allow or enable third parties to do so.
- LIMITED WARRANTY
LeapfrogTM does not and cannot warrant that the Products operate in a manner that is completely error-free nor that any information provided is always accurate. Calculation errors may occur when using systems such as those caused by local environmental conditions and/or incomplete or incorrect data.
LeapfrogTM offers a limited carry in warranty that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of one (1) year from the date the Hardware was purchased (“Warranty Period”). All sales of products sold as Refurbished will have the same carry in warranty for a period of 90 days from the date the Hardware was purchased. Any warranty obligation of LeapfrogTM under this Section is expressly conditioned on your compliance with this Agreement. During the Warranty Period, the Hardware will be repaired or replaced by LeapfrogTM (“Limited Warranty”) without charge for either parts or labor. If the Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire six (6) months after the date of repair. This warranty does not cover Software or Services.
This Limited Warranty does not cover damage caused by normal wear and tear or as a result of the Hardware being opened or repaired by someone not authorized by LeapfrogTM, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware.
WHAT IS COVERED: Any defects in materials and workmanship for The Leapfrog Printer under typical use during the coverage period and which is not specifically excluded below.
WHAT IS NOT COVERED:
1) Any unauthorized modification or repair, where tampering/disassembly is evident, or improper disassembly/reassembly even if authorized;
2) Damage caused by using 3rd party software, USB cables, or power supplies not certified or sold by Leapfrog;
3) Failure of printer operation caused by inappropriate or poor quality filaments being installed, such as those not certified by Leapfrog without limiting use of filaments not sold by Leapfrog;
4) Consumables such as nozzle’s (blocks), printbed stickers, and filaments;
5) COSTS OF SHIPPING & HANDLING, including duties & VAT if applicable;
6) Damage due to shipping;
7) Incidental or consequential damages such as water, excess heat, electrical discharge, abuse, misuse, neglect, unusual operating conditions or improper storage;
8) Normal wear & tear including scratches and nicks;
9) Problems reasonably repairable by the customer
10) Stalling of the printer due to filament snagging
11) This warranty does not cover any additional representation or express warranty beyond the limitations of this warranty if it was provided by anyone other than Leapfrog;
12) This warranty does not apply when the proof of purchase cannot be confirmed or is claimed by anyone other than the firstend user.
EXCEPT FOR THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LeapfrogTM AND ITS SUPPLIERS PROVIDE THE PRODUCTS “AS IS AND WITH ALL FAULTS”, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, TITLE, SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF REASONABLE CARE AND SKILL, ALL WITH REGARD TO THE PRODUCTS; AS WELL AS THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCTS OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCTS. ALSO, THERE IS NO WARRANTY OR CONDITION OF QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCTS.
In order to make a claim under the Limited Warranty of a Defect, you must contact LeapfrogTM by email during the Warranty Period via to explain the Defect and to obtain a Return Materials Authorization number if necessary. The Hardware must be returned to LeapfrogTM as soon as possible following your notification of the Defect, along with an explanation of the Defect, to the address provided by LeapfrogTM. You must comply with any other return procedures stipulated by LeapfrogTM, if any.
This Limited Warranty is the only express warranty made to you and is provided in place of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
If applicable law requires any implied warranties with respect to the Hardware, all such warranties are limited in duration to one (1) years. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you. The provisions of this clause 10 do not affect any of your legal rights under applicable national legislation governing the sale of consumer goods.
This Limited Warranty is not transferable.
This clause 10 sets forth your sole and exclusive remedy in connection with any warranties granted by LeapfrogTM hereunder.
- LIMITATION OF LIABILITY
a) NEITHER LEAPFROG NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE OR ACCESS THE PRODUCTS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS, EVEN IF LEAPFROG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF LEAPFROG AND ANY OF ITS SUPPLIERS ARISING FROM OR RELATED TO THE USE OF THE PRODUCTS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS CONCERNED.
c) Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The above limitation of liability does not affect any legal rights under the applicable national legislation.
- EXPORT CONTROLS
You will comply with all applicable laws and regulations, including without limitation the Dutch Administration Act, regarding the export of technology with respect to the Products.
- FORCE MAJEURE
Force majeure means circumstances that impede the fulfillment of Leapfrog’s obligations under these Terms and Conditions which are not within Leapfrog’s reasonable control, including late and/or delayed deliveries and incomplete deliveries by Leapfrog caused by circumstances beyond Leapfrog’s reasonable control. In a force majeure situation all of Leapfrog’s obligations shall be suspended. Should the period in which Leapfrog cannot fulfill its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.
Leapfrog holds the right to show your company name and logo in Leapfrog’s promotions, only in the context of you being one of Leapfrogs customers. (‘’Our customers include …[Buyer company name and logo]’’)
- LINKS TO THIRD PARTY WEBSITES
LeapfrogTM is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where LeapfrogTM provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by LeapfrogTM of the third-party site or service.
- THIRD PARTY RIGHTS
Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You and LeapfrogTM are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.
- GOVERNING LAW
These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to the laws of The Netherlands. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by courts venued in Amsterdam, which will have exclusive jurisdiction in respect of any such disputes.
This English version of these Terms and Conditions is the version that governs your purchase, of Products from Leapfrog if you are located in the Unites States of America. Should you have any questions, suggestions or complaints concerning your order, your purchase, these Terms and Conditions, or if you desire to contact Leapfrog for any reason, please do so by email by visiting LeapfrogTM’s website