Pure Digital Technologies, Inc. Purchase and Refund Policy

Effective as of November 1, 2007

Please review these policies carefully as they are the terms of sale that govern your purchases on www.theflip.com. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in Pure Digital's product warranties. Your placement of an order at www.theflip.com 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. SALES ONLY

Purchases from www.theflip.com may only be purchased with United States billing addresses and shipped within the United States.

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. Pure Digital is unable to accept credit, debit, or check cards issued by banks outside of the United States. Please read carefully our policies with respect to payment methods before you place your order. Pure Digital will not bill your credit card or process a transaction under your debit or check card until your order ships.

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 where the product is being shipped. The organization or individual name on the order must exactly match the state 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 shipping through the United States Postal Service (the “Postal Service”) or United Parcel Service (“UPS”). 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.

The Postal Service and UPS 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 the Post Office or UPS facility, as the case may be. 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 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 www.theflip.com 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 www.theflip.com at checkout. The estimated lead times are expressed in business days (Monday through Friday, excluding 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.

Pure Digital offers a 90-day money back satisfaction guarantee for products purchased through www.theflip.com. If you are not satisfied with your Pure Digital product, please email returns@puredigitalinc.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 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 the appropriate link here.

By purchasing from www.theflip.com, 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 license in effect for the software at the time of use. You will be asked to agree to the terms of the applicable license at the time that you install the software. You may review examples of some of Pure Digital's licenses, including limitations, by clicking here. Please be aware, however, that your purchase is subject to the particular license that accompanies the product software and you must agree to the terms and conditions of that license when you install the software. That license may differ from the licenses you can review here. Be certain to read the applicable license carefully before you install the software.

OTHER TERMS AND CONDITIONS

• Pure Digital is not responsible for typographical errors. Pure Digital reserves the right to cancel any order you have placed if there was a typographical error on www.theflip.com 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 www.theflip.com, or to the applicable prices for any such products or services, at any time, without notice. The information provided at www.theflip.com with respect to products and services may be out of date, and Pure Digital makes no commitment to update the information provided at www.theflip.com with respect to such products and services.
• No Pure Digital employee or agent has the authority to vary any of www.theflip.com's policies or the terms and conditions governing any sale.
• If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.
• Pure Digital’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Pure Digital of any provision or any right it has to enforce these policies, nor shall any course of conduct between Pure Digital and you or any other party be deemed to modify any provision of these policies.
• These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.