These terms and conditions of Sale (“Terms and Conditions of Sale”) apply to the purchase of Line hardware product and/or software (all together the “Product(s)”) sold by AlphaLine, Inc. doing business as (“Line”, “us”, “we” or “our”) on our website located at https://www.line.co (the “Site”). Product shall mean any Line branded hardware or software that Line provides to you under these Terms and Conditions of Sale. These Terms and Conditions of Sale form a binding agreement between you, visitor, user of this Site (“You”) and us. “Flash Sale(s)” shall mean any Sale made by Line to you on our Site for a short period of time.

BY PURCHASING ANY PRODUCT LISTED ON OUR SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREEE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE AND TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AS SET FORTH IN OUR PRIVACY POLICY, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SITE.

If you do not agree with any of these Terms and Conditions of Sale or our Privacy Policy, you should not use the Site or make a purchase using the Site. These Terms and Conditions of Sale are subject to change, in our discretion. Any amendments to these Terms and Conditions of Sale will take effect from posting on the Site. Because the Terms and Conditions of Sale may have changed, you should review the Terms and Conditions of Sale each time you make an order. The Terms and Conditions of Sale which apply at the time you place an order are the Terms and Conditions of Sale that will govern that purchase.

You may buy a Product

1. 1. Directly on our Site if you visit our Site during one of our Flash Sales, or;
   2. Subscribe to our mailing list to join our next Flash Sale. We will then send you an invitation via email to our next Flash Sale, so you can join the Flash Sale and submit an order on our Site if you want to purchase a Product, in accordance with any purchasing instructions published on the Site.

       

      When your order is completed, you will be provided with an email confirming the details of your order, pending delivery. If you do not receive an email, contact us at hi@linedock.co before you try to place another order for the same Product. When your order ships, you will be provided with a second email attaching your receipt and providing you with an estimated date of delivery and a link to track and trace your order. Your receipt, not your order confirmation, is your proof of purchase. Keep it in a safe place as it is required for any warranty claims.

      Subject to any quantity restrictions that may be published on the Site or otherwise notified to you, you may order as many Products as you wish in one order. If, however, you elect to place multiple, separate orders, a separate delivery fee (where applicable) will apply to each order. All orders for Products purchased under these Terms and Conditions of Sale are for personal, non-commercial use only and must not be resold.

Orders are subject to line’s acceptance and may be refused by line, at our discretion, at any time, for example in cases where:

1. 1. Orders cannot be processed due to an error in the information you have provided;

   2. There is an error on the webpage relating to the Products that you have ordered (genuine human or system error including error related to the price or description of the Product displayed for example);

   3. The Products you have ordered are no longer available through the Site.

If we reject an order, Line will contact you. If your order has been affected by the error, we will either issue a refund or place your order on backorder (if applicable) for delivery once the Product becomes available. We will not be liable to you for any loss you or any third party suffers for a delay or failure to process your order or deliver products due to inaccurate or incomplete details being provided by you in an order.

When you place an order, we will charge you, and you agree to pay:

1. the purchase price for each product ordered; and
2. any applicable shipping fees, in the amounts specified on the Site.

All prices and shipping fees are expressed in U.S. Dollars.

Advertised prices may change.However, if you have already placed an order, the price that applies is the price specified at the time your order was completed (unless section 1.2 applies).

Payment methods are specified on the Site. The name on any credit card used for payment must match the name on the order. If your payment cannot be processed, your order will be rejected, and you will be prompted to review the details provided or use an alternate payment method.

If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your order value or add an incentive. It is your responsibility to ensure that the code is valid and that you enter the code or advise your customer service representative prior to finalizing your order. Codes may be subject to separate terms and conditions of use, are only valid for limited times, and cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact us at hi@linedock.co.

You represent and warrant that in paying or attempting to pay for Products using the Site, you are not engaged in any fraudulent conduct or contravening any applicable state or federal laws.

We may withdraw or suspend from sale any Product displayed on the Site, either temporarily or permanently. If we withdraw or suspend from sale a Product after your payment has been processed, we will contact you and provide you with a full refund of any money paid.

We reserve the right to change the prices and available Products. We may occasionally make errors in the stated prices on this Site. If a Product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

We have made reasonable efforts to ensure that Product information is accurate and to display as accurately as possible the colors of our Products, however we cannot guarantee that your screen's display will accurately reflect the color of the Product on delivery. You acknowledge and agree that images of products are for illustrative purposes only and that any accessory featured with a Product may be sold separately.

We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

Products will not be dispatched for delivery until after full payment, inclusive of any applicable shipping fees, has been received. Shipping fees will depend on the value of your order and the country to which the Product is being shipped. Any customs duties that may be imposed on the deliveries will be paid by you. If you do not agree to pay the delivery fee, you should not complete your order.

Delivery will be made to the address specified in the purchase order. If you need to change the delivery address, please contact Customer Service at hi@linedock.co as soon as possible and we will do our best to redirect your order. However, we will not be liable for any loss you or any third party suffer as a result of our inability to execute your request to change the delivery address.

All delivery and shipment dates stated are approximations only, not guarantees, and are subject to Product availability. Line is not responsible for any damages due to delays or failure to meet a stated delivery schedule. You will, however, be provided with a track and trace link once your order has shipped, which will provide an estimated delivery date and details of how and when to contact us to follow up on the status of your order. A signature on delivery may be required.

Ownership of and risk in the Products you have ordered will pass to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. We reserve the right to choose any and all procedures, packaging and the common carrier of such sold Products.

Any software that is part of your purchase will have its own license agreement, including any open source provisions.

You may return for a full refund or exchange your Product if you receive a damaged or incomplete shipment of Products or if the Product you received is not the Product you originally ordered (all together “Damaged Product”). Line must be notified of a damaged or incomplete shipment within 30 days of receipt (as shown on by our common carrier’s shipping information), by contacting Customer Service. We will accept exchanges or returns for a refund in accordance with the return policy set forth below in sub section 5.2. Provided that we confirm that your Product was a Damaged Product and was returned in accordance with the return procedures below, your sole and exclusive remedy is that we will either allow a full refund of the Product or an exchange.

You can make changes to or cancel your order at any time before your order has been processed. To make changes to your processed order, please contact Customer Service.

If your order has already been dispatched, you will only be able to cancel your order and request a refund within 30 days of delivery such as mentioned in the Return policy mentioned in Sub Section 5.2 below. To exercise your right to cancel, you must inform us on your decision to cancel your order by contacting our Customer Service. You must then send us back the Product in accordance with the return policy procedure mentioned in Sub Section 5.2 below. Please note that this cancellation policy does not apply to (i) any Product already opened and/or used or (ii) any Product damaged or shipped incorrectly.

We will accept returns only for a refund or an exchange and only in accordance with the return procedure below. Provided that Line confirms that your Product was returned in accordance with the return procedure below, your sole and exclusive remedy is that we will either (i) ship you an identical Product for an exchange or (ii) issue you a refund in the amount charged for the applicable Product; provided that the credited amount will not include the applicable delivery fee you would have to pay when you return the Product to us, which is nonrefundable. A $45 of restocking Fee will be applied as well as any shipping fees incurred to return the Product to us.

If the Product arrives damaged or if the Product you received is not the Product you originally ordered, we will accept returns within fifteen (30) days upon the delivery of the Product and in accordance with the returned procedure below. Provided that Line confirms that your Product was returned in accordance with the return procedure below, you sole and exclusive remedy is that we will issue you a refund in the amount charged for the applicable Product. In the case of a return for a Damaged Product exclusively, Damaged Product shall be shipped back to us freight and delivery prepaid by us.

If you intend to return a Product, you must contact our Customer Service at hi@linedock.co before returning any Product and inform us of your intent to return a Product. All returned Products must be unused and returned in accordance with the instructions received from contacting customer service. For US customers, Line will issue an RMA (Return Merchandise Authorization) to you. You should print the RMA and place it inside the returned package. All returns must be made within fifteen (30) days from the delivery date (date that the Product is received by you). You must respect the following conditions in order to obtain a store credit:

1. The Product must be returned in its original packaging (product box, shipping box, etc.).
2. The Product must be accompanied by the purchase receipt.
3. Product returned by you must not have defects or been damaged.
4. Sealing label and security tags must still be attached to the Product.
5. Damaged Products must be returned in the condition in which they have been received and you shall not attempt to modify, handle or repair them. For more information, check our Warranty Policy.

Provided that our team confirms that your Product was returned in accordance with the procedure above, your original form of payment will be refunded upon receipt and inspection of your returned Product, less a $15.00 restocking fee to cover the cost of handling, inspection and testing. Shipping fees ($15.00 - 45.00$ depending on where you are located - see shipping rates) incurred to ship your Product back to us will also be deducted from your original form of payment. Additional fees will apply if the Product returned has been damaged.

Please note that this return policy does NOT apply to (i) any Product returned outside the 30-day return period, (ii) Product already opened and/or used by you, (iii) any Product damaged caused by misuse, neglect, physical damage, tampering, incorrect adjustment, normal wear and tear, incorrect installation or alteration, (iv) Product shipped incorrectly by you, (v) any Product labelled as non-returnable, (vi) price fluctuations being the sole reason for return.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE LIMITED WARRANTIES SET FORTH UNDER SECTIONS 4.5 AND 5.2 ABOVE, LINE AND ITS SUPPLIERS, MAKE, AND YOU RECEIVE, NO WARRANTY OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND LINE AND ITS SUPPLIERS SPECIFICALLY MAKE NO REPRESENTATIONS WITH RESPECT TO PRODUCTS, ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS OR ERRORS, HIDDEN DEFECTS AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FOR HIDDEN DEFECTS.

Rights may vary from State to State. Some States do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. Your rights may vary from state to state. To the extent that we may not, as a matter of law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

LINE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO A BREACH OF THESE TERMS AND CONDITIONS OF SALE OR THE OPERATION OR USE OF OR INABILITY TO USE THE SITE, PRODUCTS OFFERED ON THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGES TO EQUIPMENT, COST OF REPLACEMENT PRODUCTS AND CLAIMS AGAINST YOU BY ANY THIRD PERSON, EVEN IF LINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTES OR OTHERWISE.

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS OF SALE, LINE’S LIABILITY, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE PURCHASE PRICE PAID OR PAYABLE BY YOU FOR THE PRODUCT AT ISSUE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

You agree to defend, indemnify and hold harmless Line and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your violation of any term of these Terms and Conditions of Sale; (ii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iii) your violation of any applicable law, rule or regulation; (iv) any claim for damages that arises as a result of any of your User Content or any that is submitted via your account; (v) any other party’s access and use of the Site with your unique username, password or other appropriate security code or (vi) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any Product purchased by you on the Site.

We shall not be liable for damages for any delay or nonperformance resulting from a) delays in receipt of final specifications, information, or instructions from you, (b) changes in specifications or instructions, or (c) force majeure, including without limitation, acts of God, strikes, riots, labor disturbances, material shortages, nonperformance by subcontractors or suppliers, abnormal manufacturing conditions or costs, delays or failures of carriers or communications, fire, flood, storms, ice, snow, accident, war, explosion, accidents, epidemics, governmental orders or regulations or inability to secure any necessary governmental or other permits, court orders, or any other reason beyond our reasonable control.

These Terms and Conditions of Sale, all transaction to which they may apply, and any disputes arising out of Products supplied hereunder shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law provisions thereof. Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the state and federal courts in and for San Francisco County, California, and the parties specifically consent to the venue of San Francisco. The United Nations Convention on Contracts for The International Sale of Goods, the Uniform Law on the Formation of Contracts for the International Sale of Goods, and any international discovery and service of process conventions will be inapplicable.

Each of these Terms and Conditions of Sale is severable from the others, and Line’s rights and remedies herein are cumulative and in addition to those available at law or in equity. In the event that any portion of these Terms and Conditions of Sale is determined in any suit or proceeding to be invalid or unenforceable, such determination shall not affect the remaining Terms and Conditions of Sale, all of which shall remain valid and enforceable.

A waiver of any condition or default is not a waiver of any subsequent default.

All notices and communications to be given under these Terms and Conditions of Sale shall be in writing and (i) if to Seller, delivered personally or sent by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier, to Line, 1702-L Meridian avenue, Suite 204, San Jose, CA 95125, Attn: Legal Notices; or (ii) if to you, by email.

We control and operate the Site from the United States. We make no representation that the Site is appropriate for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You may not assign or otherwise transfer any rights hereunder without our prior consent, and any such attempt is void. These Terms and Conditions of Sale are binding upon and for the benefit of the respective successors and assigns of the parties hereto.

These Terms and Conditions of Sale constitute the entire agreement between us and you as it relates to the sale of any Products and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to the governing order acknowledgement, including any terms and conditions of Sale on any of other documents or purchase orders and any prior offers by trade show representatives and demonstrators. This agreement shall be binding upon the parties and their respective successors and assigns. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be severed from the agreement and the remainder of the agreement shall remain in full force and effect. Last Updated on July 8, 2020.