Google Store Sales Terms
Effective Date: January 12, 2022
Welcome to the online Google Store (the “Store”) provided by Google Commerce Limited whose principal place of business is at Gordon House, Barrow Street, Dublin 4, Ireland, Company number IE512080, VAT number IE9825613N (“Google” or “we”). These Google Store Sales Terms and any other terms referred to in these terms, such as terms provided in the Returns Policy (Devices), Cancellation Policy (Subscription Services) and Warranty Center (“Terms”), apply between you and Google when you purchase devices and/or accessories (“Device”) and/or subscription services (“Subscription Services”) from the Store.
Please carefully read the Terms. Your purchase of a Device and/or Subscription Service requires that you accept the Terms. If you do not understand the Terms or do not accept any part of them, do not place an order.
1. Google Services
When you use any Google product or service through your Device and/or any Subscription Service, your use is subject to the applicable terms and conditions for those services, including the Google Terms of Service. Use of certain Device and/or Subscription Service features may require that you open a Google Account. Note that Google services and content may vary by region.
2. Google Payments or Guest Checkout
To place an order, you may use guest checkout or be signed in to your Google account. To use your Google account you will need to agree to the Google Payments Terms of Service and to set up a Google Payments Account, which is free to set up and use. To use guest checkout, you will need to agree to the Google Payments Terms of Service.
Please refer to Google Store Support to learn more about the support offered by Google in connection with your Device and/or Subscription Service.
5. Ordering and Payment for Devices
By providing a credit card or other payment method accepted by Google, you confirm that you are authorised to use the designated payment method and that you authorise us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges notified to you, such as shipping charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You will need to resolve any problem we encounter in order to proceed with your order.
Google reserves the right to reject all or part of an order and may refuse to ship Devices to you for reasons such as: (a) if we detect suspicious or fraudulent activity (including unauthorised reseller activity) in violation of these Terms; (b) if we do not currently deliver to the country you want to ship the Device to; (c) if you order more than the permitted maximum number of Devices; or (d) if your Device is out of stock.
If your order is accepted by Google, we will send you an email (without delay) confirming: order acceptance; details of your order; and how to follow-up if you have questions. You should check and amend any errors before submitting your order to us. Your contract with Google becomes effective when we email you to confirm acceptance of your order, but is subject to the condition that Google thereafter sends a second email confirming your Device has been shipped. As mentioned in the paragraph immediately above this one and in the section on “Delivery” below, there may be circumstances in which we cannot ship a Device to you. If your order contains more than one item, not all of which ship at the same time, the contract for those items that have not shipped will also be subject to the condition of our sending an email confirming shipment of the remaining items.
6. Payment for Subscription Services
Continuous Subscriptions. When you purchase any of our Subscription Services, you agree that (1) Google is authorised to charge you a monthly or annual subscription service fee depending on the billing cycle you choose for as long as your subscription continues, and (2) your subscription is continuous until you cancel it as set out in the Cancellation Policy, or until such Subscription Service is terminated.
Billing. We automatically bill the payment method associated with your Google account on a monthly or annual basis (depending on the billing cycle you choose). Day one of your billing cycle is tied to the date you activate your Subscription Services by pairing them to Device(s). In the event you later decide to purchase additional Subscription Services (each, an “Add-On Service”), your payments for these Add-On Service will be added to your existing billing cycle. This means if you subscribe to an Add-On Service midway through a billing cycle we will prorate the payment for that billing cycle. Thereafter, the full amount of the Add-On Service will be charged on your subscription renewal date.
When you purchase a Subscription Service, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, Google will notify you by email in advance. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the Subscription Service in accordance with the procedure described in the Cancellations section of these Terms, and you will not be charged further amounts for the Subscription Service, provided you have notified us before the end of the current billing period.
Cancellations and Refunds. Please see this Cancellation Policy for how to cancel product Subscription Services.
No Cost Trials. We may offer trials of our Subscription Services for limited periods of time without asking you to pay, after which you will be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to any subscription privileges unless otherwise specified. Access to such trial periods may be limited to a certain number of trials for each user during a given period, or subject to other restrictions as set out in the terms applicable to the relevant trial.
Pre-paid Subscription Services. We may offer Devices that include pre-paid Subscription Services, either included in the purchase price or as multiple products sold together at a discount. Pre-paid Subscription Services may not be used with Devices other than the Device with which those pre-paid Subscription Services were purchased. If you purchase such Devices, and subject to these Terms, the pre-paid Subscription Services will begin on the date you pair your Device with your Google account and end on the date noted in your Google account following activation. Except as set out in this paragraph, pre-paid Subscription Services are subject to the same terms and conditions as other Subscription Services.
7. Prices and Taxes
Google offers free standard shipping in most instances so the price you are shown is generally the price including standard shipping (unless otherwise communicated to you in advance of the applicable purchase). Information about shipping charges can be found here and will also be presented at checkout before you place your order. All prices displayed on the Store are subject to change at any time without notice before a purchase is completed.
All prices include VAT. Applicable taxes will be presented at checkout or on the Device and/or Subscription Service description page before you place your order.
8. Trade In
When purchasing a new Pixel phone, you may be offered the option to trade in your old phone through one or more of our trade in partners. Such trade in will be subject to additional terms, which will be provided to you before you proceed with the trade in option - please read any such terms carefully before offering to sell any device to our trade in partner.
We may not be able to deliver Devices to, or offer Subscription Services in, all locations. Where there are restrictions on delivery these will be communicated to you at the beginning of the ordering process if not before. You can also consult our Country Availability page for locations to which we will deliver your Device or offer a Subscription Service. If Google does not ship a Device to the address you provided, you will be sent a notice and you will not be charged for your order.
For information on delivery dates, times and costs, please see here. Although we will aim to deliver your Device as soon as reasonably possible, you agree that any delivery dates or times provided by Google (or a delivery agent) are estimates only and are not guaranteed.
10. Availability and Order Limits
All Devices and Subscription Services offered on the Store are subject to availability. We reserve the right to discontinue offering certain Devices and/or Subscription Services without prior notice or any liability.
Certain products have quantity limits. You may not order more than the maximum number of Devices that we specify on a product page or in a product description otherwise we may reject all of part of your order and/or refuse to ship the Devices to you.
11. Pricing Mistakes
We try very hard to make sure there are no mistakes in the prices that appear on the Google Store. In the unlikely event that an obvious and substantial mistake happens, you agree that Google will not be bound by that incorrect price and may cancel your order, unless your credit card, debit card or other payment method in your Google Payments account has already been charged. If an obvious and substantial mistake is discovered and you haven't yet been charged, we will let you know the correct price and you will be given the option to continue with your order at the correct price or cancel it.
Google may provide promotional offers or prices for the sale of Devices or the purchase of a Subscription Service. If so, any terms applicable to such promotional offers or prices will govern the offer.
13. Import and Export
The Device and/or Subscription Service may be subject to import and export laws and regulations in the United States and elsewhere. These laws may include restrictions on destinations, users, and end use.
14. Use of the Device and Subscription Service
Please carefully read any instructions that come with the Device and/or Subscription Service, including instructions that may be available online. In order to make use of any enhanced functionality of your Device or Subscription Service, you may have to sign in to your Google account or open a Google account if you do not yet have one. To use a Device and/or Subscription Service, you understand that you may need to accept any agreements applicable to your use of the Device, the Subscription Service, or any software on the Device.
15. Purchase as a Consumer
You may only purchase Devices and/or a Subscription Service for personal, non-commercial use outside of your trade, business, craft or profession. You may not resell any Device or Subscription Service, but you may give the Device or Subscription Service as a gift.
16. Device Technical Specifications
Battery life for your Device, as described in any Device description page, will depend on Device settings, usage, and many other factors. Battery tests are conducted using specific Device units and therefore actual results may vary. Devices with storage capacity may be preformatted with operating system software and other files. As a result, actual formatted capacity will be less than the memory listed in any Device description.
17. Return Policy and Withdrawal Information
Returns and refunds for Devices are governed by our Return Policy (Devices).
Cancellations and refunds for Subscription Services are governed by our Cancellation Policy. Please review these policies.
Legal right of withdrawal for Devices
If you are purchasing as a consumer, you have the right by law to withdraw from contracts for Devices within 14 days after delivery of the item without giving any reason. The withdrawal period will expire 14 days after the day on which you acquire, or a third party (other than the carrier) approved by you acquires, physical possession of the Device (or of the last Device where your order relates to multiple Devices).
Legal right of withdrawal for Subscription Services
If you are purchasing as a consumer, you have the right by law to withdraw from contracts for purchases of Subscription Services within 14 days without giving any reason. The withdrawal period will expire 14 days after you purchase the Subscription Services.
Contacting us about the withdrawal
To exercise your right of withdrawal for a Device or Subscription Service (as described above), you must inform us of your decision to withdraw from the contract by an unequivocal statement. You may use the model withdrawal form shown below, but it is not obligatory. Alternatively, you may contact Google Commerce Limited, c/o Customer Support, Gordon House, Barrow Street, Dublin 4, Ireland through, email@example.com or inform us through the Contact page.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the 14 day withdrawal period has expired.
Model Withdrawal Form
To Google Commerce Limited, c/o Customer Support, Gordon House, Barrow Street,
Dublin 4, Ireland:
I hereby give notice that I withdraw from my contract of sale of the following goods or service:
Effects of withdrawal within 14 day period
If you withdraw from a contract for a Device or Subscription Service in this 14 day period, we shall reimburse all payments received from you in respect of that contract. This will include the costs of delivery of a Device (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us).
If the contract is for a Device, you shall send back the Device without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline is met if you send back the Device before the period of 14 days has expired.
Reimbursement will be made without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract or, if the contract is for a Device, reimbursement will be made within 14 days after the day on which we receive the Device back from you (or, if earlier, the day on which you have supplied evidence of having sent the Device back to us). We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Unless we expressly state otherwise, Google will bear the direct cost of returning the Device.
You are only liable for any diminished value of the Device resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Device.
18. Data and Deactivation
You are responsible for managing any data stored on your Device or through your Subscription Service, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to return the Device, or if you have to send a Device to Google for repair or replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google.
If you tell Google that you have not received your Device, the Device is defective, or it has been lost or stolen, Google may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. However, we strongly recommend that you back-up your data periodically.
19. Device Warranty
Details of any manufacturer's warranty can be found in the Device box and in the Warranty Center. This limited warranty will only apply to consumers purchasing a Device from Google or its authorised resellers in the EEA (except France), UK or Switzerland, except as otherwise stated in the limited warranty.
20. Legal Guarantee
If you’re an EEA-based consumer of digital content, services, or goods, and you’ve agreed to these Terms, then EEA consumer laws provide you with a legal guarantee covering the digital content, services or goods that we provide. A legal guarantee is a requirement under the law that a seller or trader is liable if their digital content, services, or goods are defective. Under this guarantee, we’re liable for any lack of conformity that you discover:
- within two years of the delivery of goods (such as a phone) or the one-time supply of digital content or services (such as a movie); or
- at any time during the “continuous” supply of digital content or services (such as Nest Aware).
Your national laws may provide an even longer guarantee. For more detail regarding your rights in relation to defective Devices, please see Section 21 below. Your rights under these legal guarantees aren’t limited by any other commercial guarantees that we provide (such as the manufacturer warranty). If you want to make a claim under the legal guarantee, please contact Google Store Support.
21. Device Defects
In addition to your rights set out at Sections 19 (Device Warranty), if the Device is or becomes defective through no fault of your own, you may have statutory rights such as the right to repair or replacement of the defective Device, or in some cases, a price reduction, or the right to cancel the contract for a refund.
If you have a defective Device, please contact Google Store Support. If the Device is manufactured by a third party, Google may refer you to the applicable manufacturer of the Device for initial support with Device defects.
Google may require that you return the defective Device before sending you a replacement. You must then ensure that the correct Device is returned to Google. Google is not required to send you a replacement until we have received the correct Device. If, at its discretion, Google provides you with an advanced replacement device before we receive your defective Device, and you do not return the defective Device within a reasonable time (as communicated to you in notification emails), you authorize Google to charge your original form of payment for the full value of the replacement Device.
Nothing in this section affects your legal rights under statutory or applicable laws.
22. Product commitments
You are entitled by law to certain rights when you purchase a Device and/or Subscription Service. For example, we promise that we are entitled to sell the Device and/or Subscription Service to you, that the Device and/or Subscription Service will conform with the description we have given of it prior to your purchase, and that the Device and/or Subscription Service will be of acceptable quality and fit for purpose. Other than these commitments and those expressly given to you about the Device and/or Subscription Service, no other guarantees, warranties, conditions or terms apply to our agreement with you, unless expressly set out in these Terms.
23. Device Features Outside of Google’s Control
You acknowledge that unless specifically provided in any Device description page, no Device comes with a cellular data plan, a wireless service plan or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet or wireless service through a cellular data service provider or a wireless service provider (each, a “Wireless Carrier”) or other Internet connectivity service provider (“Internet Service Provider”) whose service is compatible with the Device. Check with your Wireless Carrier for compatibility and mobile data plan availability.
If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to a compatible WiFi access point.
You agree that, unless specifically provided in any Device description page or otherwise agreed by Google, Google has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that Google does not control.
You understand that the Device may only be compatible with certain hardware accessories manufactured by third parties, and Google makes no warranty with respect to such third-party hardware accessories or their compatibility with the Device.
Returning the Device, in accordance with these Terms, does not cancel your service contract with your Internet Service Provider or Wireless Carrier, if applicable, so you must contact your Internet Service Provider or Wireless Carrier (and any other applicable service provider(s)) directly to cancel such service(s).
These terms only limit our responsibilities as allowed by applicable law. Specifically, these terms don’t limit Google’s liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence or willful misconduct.
Other than the rights and responsibilities described in this section, Google is liable only for its breaches of these terms, subject to applicable law. In this section “liability” means losses from any type of legal claim, whether the claim is based on a contract, tort (including negligence), or other reason, and whether or not those losses could have been reasonably anticipated or foreseen.
25. Governing Law and Jurisdiction
If you live in the European Economic Area or Switzerland, these terms and your relationship with Google under these terms are governed by the laws of your country of residence, and you can file legal disputes in your local courts.
If you’re an EEA-based consumer, please contact us to resolve issues directly. The European Commission also offers an Online Dispute Resolution platform, which we accept if required by law. Except where required by law, Google isn’t legally required to use this or other alternative dispute resolution platforms.
26. About these terms
By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.
These terms describe the relationship between you and Google. They don’t create any legal rights for other people or organisations, even if others benefit from that relationship under these terms.
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
If you don’t follow these terms and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.
The Terms you accept at the time you place an order for the Device and/or Subscription Service will apply to such order for the Device and Subscription Service. We may update these Terms (1) to reflect changes to our products, services or how we do business - for example when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. Any changes to these Terms will be posted on the Store's site. For Devices any new version of the Terms will be subject to your acceptance at the time you place a new order.
In addition, if any changes to these Terms are material or have an adverse effect on your rights and obligations under a contract, we will communicate those changes in advance, and you will have the right to end the contract before the changes take effect and receive a refund for any Subscription Services paid for but not received. Any new version of the Terms will be subject to your acceptance at the time you place a new order.