These Order Terms of Sales (“Terms”) govern the placing of orders ("Order") with CAN (“we”, “ us”, or “CAN”) . Please read these Terms carefully before submitting your Order of any CAN Products. By submitting your Order, you agree to be legally bound by these terms.
When placing an Order for CAN Products, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. CAN shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to email@example.com
You will be charged the full Price of the Products at the time of placing the Order. If CAN is unable to commence shipping the Products on or before the one-year anniversary of your placing the Order, CAN shall process a full refund to you. Your placing of an order constitutes your express agreement to CAN to charge the full Price of the Products at such time.
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, and is subject to change, and CAN does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, CAN is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you with periodical updates with respect to such delivery schedule. Orders will be shipped only within the continental United States.
The purchase price ("Price") does not include taxes and other charges, which are your responsibility. At the end of the ordering process, the User must choose the desired shipping method. The shipping costs will be detailed at the end of the process.
Prior to the acceptance of the order, the User will be informed of the full final price of the order, including a breakdown, where applicable, of the amount of any extra costs or discounts applied, as well as shipping costs, taxes, duties, and other additional services.
You or CAN may cancel the Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If CAN cancels your order, you will receive a full refund of the purchase Price without interest (and you will not pay any processing fee).
Terms and Conditions
The purchase of the Products is subject to additional terms and conditions provided by CAN, including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions can be found in the footer of the can.co page.
Age and Residency
You acknowledge that you are at least 18 years old, are a resident of the United States, and will take delivery of your Product in the United States. You acknowledge and agree that CAN will initially focus its service efforts on certain geographical areas and may expand to other areas as the company grows.
We want you to be fully satisfied with your CAN Go. If, for any reason, you wish to return your CAN Go purchased from CAN or an Authorized Reseller, you may receive a refund by following the instructions below. CAN Memberships are not canceled automatically upon return of your CAN Go to an Authorized Reseller or to CAN, and you are responsible for canceling your Membership.
Purchases from CAN
Purchases made from CAN must be returned directly to us. To receive a refund for a CAN Go purchased directly through CAN, simply request a return shipping label from us within fourteen (14) days of your original purchase date (a “Valid Return Request”) by following the instructions in the “Direct Purchase Return Procedure” section below.
Please note: requests must be made within fourteen (14) days of the date of the original purchase. Returned products must be undamaged and include all original packaging. Refunds will be made to the original payment method only, less return shipping costs and a $120 restocking fee (“Restocking Fee”).
Direct Purchase Return Procedure
To request a return, email Support at firstname.lastname@example.org indicating your return request and including the date of purchase and order number. We will issue a return authorization and email a return shipping label with tracking to you (“Return Label”). Returns must be appropriately packaged using the Return Label, and must be shipped back to CAN within fourteen (14) days of the date of the initial return request.
Please note: Return requests will not be honored if the request is not received within 14 days of the original purchase and if the returned product is not shipped back to CAN using a Return Label within 14 days of the initial return request. CAN is not responsible for delays in return requests or shipping returns.
Purchases from an Authorized Reseller
Purchases made from an Authorized Reseller are subject to the Authorized Reseller’s return policy applicable to the CAN Go. Because the CAN Go is a cellular-connected device, Authorized Reseller return policies may be limited to those available for “activated devices.” Returns must be made to the Authorized Reseller only.
Please note: CAN will not at any time issue a refund for purchases made from an Authorized Reseller or any other third-party retailer or marketplace.
Authorized Reseller Return Procedure
Purchases from an Authorized Reseller must be returned to the original point of sale (and not to CAN). Refunds and returns are governed by the Authorized Reseller’s return policies, which may differ from CAN’s refund and return policies.
CAN warrants that the CAN Go shall be free from defects in materials or workmanship for a period of one (1) year from the date of purchase. If your CAN Go is defective during the Warranty Period, CAN will repair or replace your CAN Go, subject to the conditions below, at no additional charge.
CAN is not responsible for the repair or replacement of your CAN Go if this Warranty is violated. This Limited Warranty is non-transferable and is provided only to the original purchaser or Membership account holder and not any subsequent owner or account holder. Any Limited Warranty replacement shall be warranted for the longer of: (i) the remainder of the original Warranty Period, (ii) for thirty (30) days after the replacement is received, or (iii) for the period required by applicable law.
Limited Warranty Requirements
Unless otherwise prohibited by law, to be eligible for the Limited Warranty, you must:
- Have an active Membership with CAN, with no outstanding balance or any unpaid fees.
- Have a valid Payment Method on file to cover any applicable Replacement Product fee.
- Be the original owner or Membership account holder of the CAN Go (the CAN Go to be repaired or replaced must have been originally paired with the current Membership account).
Limited Warranty Exclusions and Limitations
This Limited Warranty does not cover any damage, failure, or malfunction due to: (a) product loss, (b) transportation or storage; (c) cosmetic damage or normal wear and tear; (d) improper, negligent, or abnormal use (including use contrary to instructions provided by CAN); (e) unauthorized commercial use; (f) failure to follow product instructions or to perform any required software updates; (g) modifications (including alterations to device identification or branding) or unauthorized or attempted repairs (including by unauthorized persons or with any parts not originally intended for or compatible with the CAN Go, or (h) external causes such as accidents, abuse, acts of God, or other actions or events beyond our reasonable control.
This Limited Warranty gives the purchaser specific legal rights. You may also have other rights which vary from state to state that may change this Limited Warranty.
For a defective CAN product, during the Warranty Period, CAN, at our sole discretion, will either: (a) repair or replace such product (or the defective part) free of charge (including shipping to you) or (b) refund the purchase price of such product.
Warranty Claim and Replacement Procedure
To make a warranty claim, email Support at email@example.com with a description of the product issue, as well as the date and location of purchase (or order number, if purchased from CAN). After verifying warranty eligibility (including any appropriate evaluation or troubleshooting), CAN will send a return shipping label for the defective product (“Warranty Return Label”).
Warranty returns must be appropriately packaged using the Warranty Return Label and must be received by CAN within 30 days from the date of the warranty claim. Upon receipt of the returned product, CAN will send you a replacement (replacements may include a new product or a repaired product).
CAN will cancel any warranty request for products not shipped back using the Warranty Return Label within thirty (30) days of an initial warranty claim submission (a new warranty claim submission may be submitted, provided it is done within the original warranty period).
CAN may ship you an advance replacement product before CAN receives the product sent back under a warranty claim (“Returned Product”) (an “Advance Replacement”). If the Returned Product is not returned to CAN using the Warranty Return Label and received by CAN within 30 days of the warranty claim submission, CAN reserves the right to charge your Payment Method on file for the full cost of the Advance Replacement Product shipped to you or to charge your payment method on file a Restocking Fee. No refunds or credits will be issued for products received later than 30 days from the date of a warranty claim, and such products may be returned to you or disposed of or donated by CAN at our sole discretion. CAN is not responsible for delays in submitting warranty claims or return shipping.
CAN products require an active CAN Membership for use. Unless otherwise prohibited by law, if you cancel your Membership or remove your Payment Method on file, CAN will not send you an Advance Replacement.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR OR REPLACEMENT OR REFUND AS DESCRIBED IN THIS WARRANTY STATEMENT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
EXCEPT AS STATED HEREIN, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. WE HEREBY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT) OR SERVICES, INCLUDING BUT NOT LIMITED TO ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
NEITHER WE NOR OUR AFFILIATES OR PARTNERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO USERS OF THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ERROR-FREE OR THAT THE SERVICES OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT YOUR USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
Dispute Resolution Procedure
The following informal dispute resolution procedure is available to you if you believe that we have not performed our obligations under this limited warranty. You agree to provide CAN with at least 15 days from the date of the First Written Notice to work out a mutually agreeable resolution and to participate and communicate in good faith in this process.
Contact CAN customer support at firstname.lastname@example.org in an email titled “Dispute Resolution – Warranty Claim,” describing specifically what warranty obligation(s) you believe we have not performed and the relevant facts supporting your belief.
Engage in good-faith discussions with a CAN customer satisfaction representative about how we can amicably resolve the situation with you.
Unless prohibited by law, you must use this informal procedure before pursuing any legal remedy in the courts or otherwise.
Governing Law & Venue.
This Policy shall be governed in all respects by the laws of the United States of America and by
the laws of the State of California. The courts of San Jose, California shall be the exclusive forum for any mediation, arbitration, litigation, or dispute resolution.