Terms & Conditions of Sale
PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.
The Products made available by Pearl through our website pearlauto.com and any subdomains thereof (the “Website”) or otherwise have been designed, marketed, and sold for use by residents of the United States. All safety warnings, information, instructions, packaging, in-box materials, mobile applications, and support services are provided only in English (U.S.). The Products are not intended for use outside of the United States. You are responsible for ensuring that use of the Product is in compliance with all applicable laws and regulations. We are not liable or responsible if you or your use of the Product violates any such law or regulation.
2. Payment Terms. If you elect to purchase a Product, you agree to (i) the pricing and payment terms we may provide to you in writing, or otherwise via our mobile application or Website, as updated by Pearl from time to time, and (ii) provide a credit card, debit card, or other payment method acceptable to Pearl as consideration for such Product. We reserve the right in our sole discretion to change prices for Products at any time, and to correct pricing errors that may inadvertently occur. Unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Your order is subject to cancellation by us in our sole discretion. We are not responsible for pricing, typographical or other errors in any offer and we reserve the right to either contact you for instructions before shipping or cancel any orders arising from such errors. We generally do not charge your payment method until your order has entered the shipping process.
All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases or transactions.
3. Reservations and Pre-Orders. Placement of a reservation and pre-order does not create a contract for sale. By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Pearl to purchase the Product subject to these Terms. You may cancel your offer to purchase Products available for reservation and pre-order at any time prior to shipment and you will not be charged.
When the Product is offered for sale, Pearl may accept your offer to purchase Products subject to these Terms, process your payment and ship your Product. Pearl may obtain authorization from your payment card company to confirm necessary funds are available to purchase the Products requested. Pearl reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
4. Shipping; Taxes; Title; Risk of Loss. Shipping, handling and tax are additional to the price of the Products unless otherwise expressly indicated at the time of sale. All Products purchased from us are subject to a shipment contract. This means that the risk of loss and title for such Products pass to you upon our delivery to the carrier. You must notify us within 30 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Shipping and delivery dates are estimates only, and the time it takes to receive your order depends on the shipping method you choose during checkout and the time of day you place your order.
5. Shipping Policy. Prices for the Products do not include shipping costs. Delivery charges and methods are as described on the Website. We offer three methods of shipment: Second Day, Next Day and Saturday. The estimated delivery date is not a guaranteed delivery date for your order and reflects the time of day when the order is placed. Refused deliveries will be returned to our warehouse. It may take up to 30 days for the returned items to be identified as refused and processed for a refund.
Purchases made on the Pearl Website ship as soon as your Product is available. In most cases, your order will ship within 2 business days. You will receive an email when the order ships that contains the tracking number for shipment. If you have any questions, please visit our Customer Support page at pearlauto.com/support or contact our Customer Support Team at 844.US.PEARL.
6. Order Cancellations/Modifications. To cancel an order that was recently placed, please immediately call us at 844.US.PEARL and one of our Customer Support representatives will assist you. You acknowledge that all orders typically process within 24 hours and that cancellation prior to shipment may not be available after such time. Should cancellation not be possible, you can choose to refuse delivery of the package, and a refund will be issued upon our receipt of the returned package. If you have received the Product, and would like to return it for a refund, please see the return policy information below. For security reasons, we unfortunately cannot make address changes once an order has been placed. Please allow 30 days for the completion of any refund.
7. Return Policies; Exchanges. If at any time within 30 days of receiving your order of a Product (the “Cancellation Period”), you are not 100% satisfied for any reason, you may return such Product to us for a refund in accordance with these Terms. Any Products damaged due to reasons not covered under the limited warranty expressly provided herein cannot be accepted back for refund under our return policy.
To initiate a return, you must inform us of your decision within the Cancellation Period by contacting Pearl Customer Support to return the Product. Please include details regarding when and where you purchased the Product and your reason for returning the Product. Pearl customer support will provide you with a return materials authorization (“RMA”) in the form of a shipping label. To receive a refund, you must return your Product with the applicable RMA within 30 days following the day on which you notify Pearl Customer Support that you desire to return your Product. We will process the refund as soon as possible, usually within 30 days from the date of receipt by Pearl of the returned Product. The Product is not eligible for a refund if the foregoing provisions, including timing, are not met.
8. Resale. Purchases made on our Website are intended for end-users only and are not authorized for resale.
9. MISCELLANEOUS TERMS
a. Electronic Communications. You are communicating with Pearl electronically when you use the Website or send an email to Pearl. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
b. Notifications. In addition to sending notifications to you through our mobile applications, Pearl may also provide notifications to you as required by law or for marketing or other purposes via (at Pearl’s option) email to the primary email associated with your Pearl account, hard copy, or posting of such notice on the Pearl website. Pearl is not responsible for any automatic filtering you or your network provider may apply to email notifications. Pearl recommends that you add @pearlauto.com URLs to your email address book to help ensure you receive email notifications from Pearl.
c. Warranty Disclaimer. ANY USE OF THE PRODUCTS, INCLUDING ANY RELIANCE UPON OR USE ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCTS ARE PROVIDED BY PEARL "AS IS" AND "AS AVAILABLE". YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEARL ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THE LIMITED WARRANTY SET FORTH IN OUR LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
d. Limitation of Liability. IN NO EVENT SHALL PEARL OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS AND OTHER SUPPLIERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES AND AGENTS (COLLECTIVELY, “PEARL PARTIES”) BE LIABLE TO YOU OR ANY USER IN CONNECTION WITH THE PRODUCTS FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH PEARL PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THE PEARL PARTIES’ AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT INVOICED TO YOU FOR THE APPLICABLE PRODUCT.
e. General. You may not assign these Terms or otherwise transfer or sublicense any rights or obligations hereunder, in whole or in part; any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect and remain fully enforceable. Pearl shall not be liable to you for a failure or delay in its performance of any of its obligations under these Terms to the extent that such failure or delay is caused by events such as fire, riot, flood, labor disputes, natural disaster, regulatory action, internet or telecommunications failures, terrorist acts, or other causes beyond Pearl’s reasonable control. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Pearl. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
f. Governing Law and Arbitration; No Class Actions. These Terms, and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the State of California regardless of your country of origin or where you access the Product. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE OFFERINGS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Pearl’s right to seek injunctive relief as set forth below.
If you do not want to arbitrate disputes with Pearl and you are an individual, you may opt out of this arbitration agreement by sending an email to firstname.lastname@example.org within 30 days of the day you first access or use the Offerings.
If you intend to seek arbitration you must first send written notice to Pearl’s Customer Service Center of your intent to arbitrate ("Notice”). The Notice to Pearl should be sent by any of the following means: (i) electronic mail to email@example.com; or (ii) sending the Notice by U.S. Postal Service certified mail to Pearl Automation Inc., Attention: Legal, 100 Enterprise Way, Suite A101, Scotts Valley, CA 95066. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association ("AAA") under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or Pearl may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND PEARL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND PEARL EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Pearl agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located Santa Clara County, California, and you and Pearl each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that Pearl shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
g. Notice and Contact. Any notices given by you under these Terms shall be given in writing or by email and shall be delivered to the following address:
Pearl Automation Inc.
100 Enterprise Way, Suite A101
Scotts Valley, CA 95066
If you would like to contact Pearl customer support, please call us at 844.US.PEARL, or contact us via email firstname.lastname@example.org.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Last modified on November 17, 2016.