Effective as of June 19, 2009
Please review these policies carefully as they are the terms of sale that govern your purchases at http://www.theflip.com/en-us/ (including http://www.theflip.com/en-ca/) (the “Service”). These policies set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in Pure Digital Technologies LLC's (“Pure Digital”) product warranties. Further, if your purchase on the Site includes a camera that you personalize with an image you upload to the Site, this policy reiterates your obligations under the Terms of Use regarding User Content. Your placement of an order at http://www.theflip.com/en-us/ (including http://www.theflip.com/en-ca/) constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
To learn about Pure Digital's return and refund policy, please click here. Please note there may be limitations on your right to return and obtain a refund for products.
ORDER INQUIRIES
If you would like additional information about our products or would like to inquire about an existing order, you may contact us at orders@theflip.com.
U.S. AND CANADA SALES ONLY
Purchases from http://www.theflip.com/en-us/ (including http://www.theflip.com/en-ca/) may only be purchased with United States or Canadian billing addresses and shipped within the United States or Canada.
PROOF OF PURCHASE
Pure Digital will send you a confirmation of your order via email if you have included an email address with your order. If you have not included an email address, you will receive a confirmation of your order in the package in which your order is shipped.
PAYMENT METHODS
Whether you order online or phone in your order to Pure Digital, you may pay by credit, debit, or check card. Pure Digital accepts Visa, MasterCard, American Express, and Discover cards. Please read carefully our policies with respect to payment methods before you place your order.
Pure Digital requires the credit, debit, or check card security code for your card for any telephone or online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard or Discover).
SALES TAX
In addition to the price of your purchases, Pure Digital will charge you sales tax based on your shipping address and the sales tax rate in effect at the time your order is placed. The proof of purchase that Pure Digital provides to you will include any applicable sales tax.
TAX-EXEMPT ORDERS
If you wish to place your order on behalf of a tax-exempt organization or individual, please email orders@theflip.com. Be prepared to provide proof of state tax-exempt status for the state or province where the product is being shipped. The organization or individual name on the order must exactly match the state or provincial tax-exempt certificate.
SHIPPING OPTIONS
Pure Digital offers various shipping options as described in the purchase process. You will be given the opportunity to choose between various shipping options of a commercial carrier (“Commercial Carrier”). You will be presented with a cost for each option as well as with an estimate for the transit time for each. Remember that these estimates are for time in transit only, and that they do not apply until the product leaves Pure Digital’s facilities. As the delivery of your order is beyond Pure Digital’s control once your order leaves Pure Digital’s facilities, Pure Digital cannot assume liability for late deliveries, regardless of the delivery method you specify.
Most of Pure Digital’s shipments contain valuable video cameras. If you will not be at the shipping address to accept delivery of your product, consider shipping the item to an address where someone you trust will be available to receive your package. Please note that Pure Digital is not able to adjust the shipping address once a package has left Pure Digital's warehouse. Title and risk of loss to all products will pass to you on delivery.
Commercial Carrier generally will make multiple attempts to deliver a package. After these delivery attempts, the carrier will return the package to Pure Digital or hold them for pick-up at Commercial Carrier's facility. Occasionally packages are returned to Pure Digital as undeliverable. If your package is returned to Pure Digital, please contact Pure Digital to make arrangements for reshipment.
ORDER PROCESSING
The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time. Pure Digital does not begin payment processing until Pure Digital receives all the information that it needs and full credit card authorization.
Pure Digital will begin payment processing for orders placed on weekends or holidays on the next business day. Business days are Monday through Friday, excluding United States federal holidays.
Please review the Product Availability section below for more information regarding order processing and product availability times.
PRICES
Your total order price will include the price of the product on the day of shipping plus any applicable sales tax and shipping charges. Pure Digital reserves the right to change prices for products displayed at http://www.theflip.com/en-us/ (including http://www.theflip.com/en-ca/) at any time and particularly to correct pricing errors that appear on the Site.
PRODUCT AVAILABILITY
Pure Digital makes every effort to ship your product according to the estimated lead times provided by the Service at checkout. The estimated lead times are expressed in business days (Monday through Friday, excluding United States federal holidays) or weeks. Although Pure Digital makes every effort to ship your order according to the lead-time provided, shipping dates may change due to changes in supply. If the lead-time changes, Pure Digital will contact you via email and provide a revised shipping estimate.
RETURN AND REFUND POLICY
Pure Digital offers a 90-day money back satisfaction guarantee for products purchased through http://www.theflip.com/en-us/ (including http://www.theflip.com/en-ca/). If you are not satisfied with your Pure Digital product, please email returns@theflip.com for a Return Material Authorization (RMA) request within 90 calendar days of your receipt of the product. Except for defective products, which are governed by the policy described below, products that are physically damaged, including products that have been submerged partially or completely in water, will not be accepted for return. Returns of products purchased from third-party retailers are governed by such retailers’ return policies and must be returned to those retailers.
If you return a product, Pure Digital recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to Pure Digital or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. In any event, as between you and Pure Digital, you will be responsible for the cost of shipping and for any loss or damage to the product during shipping.
DEFECTIVE PRODUCTS
If you discover what you believe is a product defect for any Pure Digital product, please email orders@theflip.com. If your product does have a defect, your rights regarding your product are covered under the terms of your product's warranty. Please refer to the warranty information and other supporting documentation that came with your product. (See the Product Warranty section below for specific information about Pure Digital's product warranties.)
PRODUCT WARRANTY
All Pure Digital products carry a Limited Warranty against defects in materials and workmanship. You may review a copy of the Limited Warranty for each of our products, including the applicable limitations and exclusions, before you purchase, by clicking here.
By purchasing from http://www.theflip.com/en-us/ (including http://www.theflip.com/en-ca/), whether you place your order online or by telephone, you acknowledge that you have had an opportunity to review Pure Digital’s warranty terms, have done so to the degree you need to be familiar with them, and you accept their terms and conditions, including the limitations, exclusions, and disclaimers in them.
SOFTWARE LICENSE
Your use of the product software for Pure Digital video cameras is governed by the terms of the end user license agreement in effect for the software at the time of use. You will be asked to agree to the terms of the applicable end user license agreement at the time that you install the software.
FLIP FOR GOOD
At Pure Digital, we offer two great options that also do good. When you elect to customize a Flip video camera using a Flip for Good design, Pure Digital will make a contribution to charity to show your support. We partner with some charities which provide their own customized Flip for Good designs. When you select such a design, ten US dollars (US $10) will be donated to the affiliated-organization. Select a non-affiliated Flip for Good designs, and Flip Video Spotlight will donate a Flip camcorder to charity for every seven units sold.
OTHER TERMS AND CONDITIONS
The Service allows you to upload, transmit, publish and disseminate designs and/or images (“User Content”) for the purposes of creating your own personalized Flip camera(s) and, in some cases, permitting the use of your User Content by others on their personalized Flip camera(s) through the Flip Video Spotlight Program, the Flip for Good Program, and the Design Sharing Program. If your purchase from the Service includes a product that you personalize with an image you upload to the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such User Content in connection with the Service (and to grant to Pure Digital the licenses set forth in this Agreement), (b) the User Content will not infringe or otherwise violate the copyright or trademark rights of any third party, and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish and/or disseminate their name and/or likeness through the Service.
Pure Digital is not responsible for typographical errors, including any pricing errors that are posted on its websites. Pure Digital reserves the right to cancel any order you have placed if there was a typographical error on http://www.theflip.com/en-us/ (including http://www.theflip.com/en-ca/) concerning the pricing or availability of any item you ordered when you placed the order.
Pure Digital reserves the right to change these terms and conditions at any time by posting modified terms.
Pure Digital may make changes to any products or services offered at http://www.theflip.com/en-us/ (including http://www.theflip.com/en-ca/), or to the applicable prices for any such products or services, at any time, without notice. The information provided at http://www.theflip.com/en-us/ (including http://www.theflip.com/en-ca/) with respect to products and services may be out of date, and Pure Digital makes no commitment to update the information provided at http://www.theflip.com/en-us/ (including http://www.theflip.com/en-ca/) with respect to such products and services.
No Pure Digital employee or agent has the authority to vary any of http://www.theflip.com/en-us/'s (including http://www.theflip.com/en-ca/) policies or the terms and conditions governing any sale.
If any portion of the aforementioned policies is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the terms enforced as written. If Pure Digital does not exercise or enforce any legal right or remedy including those contained in these policies, or arising under applicable law, this will not be taken to be a formal waiver of our rights. Pure Digital may assign or delegate all rights and obligations under these terms, fully or partially.
You agree that all matters relating to these policies, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in San Francisco County, California, and waive any objection to such jurisdiction or venue.
These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.