Common use of Returns/Exchanges Clause in Contracts

Returns/Exchanges. (1) In the event a Customer who has purchased the Product as an individual consumer wishes to return the Product, the Customer shall notify the FLIP Consortium in writing or by e-mail of its desire to return within fourteen (14) days and further the Customer shall return the Product to the FLIP Consortium within thirty (30) days from the date the USB Protection Dongle Key for the Product (the “Protection Key”) and the Notification indicating the Customer’s log-in ID and password for the Support Member Website (the “ID/PW Notification”) were delivered; provided, however, that the Protection Key is returned in its original packaging, unopened and intact, and, also provided that the Customer has not logged-in to the Support Member Website. The Customer shall bear the shipping costs for the return of any and all items and shall make sure the items are returned to the FLIP Consortium in the same condition as they were delivered. The Customer shall be responsible for any and all risks of loss with regard to the returned items until the same are received and accepted by the FLIP Consortium. After the returned items are received and accepted by the FLIP Consortium, the FLIP Consortium shall issue a refund of the purchase amount paid for the Software License Fee to the Customer’s bank account, less any costs or expenses incurred by the FLIP Consortium with regard to the returned items. The FLIP Consortium reserves the right to refuse the return of the Product if the Protection Key or the ID/PW Notification has been opened, used, intentionally or unintentionally damaged or if all the items included in the original shipment to the Customer are not returned in satisfactory condition, as determined by the FLIP Consortium, in its sole and absolute discretion. (2) Notwithstanding the provisions of the preceding paragraph regarding returns by individual consumer Customers, Customers other than individual consumers, including, but not limited to, entities, institutions, and organizations, shall not be permitted to return the Product to the FLIP Consortium for any reason whatsoever following purchase and delivery of the Product to such Customer. (3) In the event the Protection Key is delivered in an unusable condition or if the Customer finds any damage or defacement of the Protection Key during Customer’s inspection made pursuant to Article 13 (2), then the FLIP Consortium will replace the damaged or unusable Protection Key with a new Protection Key free of charge; provided, however, that the Customer notifies the FLIP Consortium in writing or by e-mail of the fact within thirty (30) days following the date of delivery to the Customer. Further, in such case, the Customer shall pay the shipping costs for return delivery of the damaged or unusable Protection Key to the FLIP Consortium and the Customer shall pay the shipping and handling costs for replacement delivery of the Protection Key to the Customer. In no event, however, shall the FLIP Consortium be obligated to replace free of charge the Protection Key, or any part thereof that is damaged due to the mishandling, improper use, or intentional or unintentional abuse or misuse of the Protection Key by the Customer. (4) Any replacement of the Protection Key after the thirty (30) day return period specified in the preceding paragraph shall be separately prescribed and defined in the ▇▇▇▇. (5) Notwithstanding anything to the contrary contained herein, in the event the Customer is not able to return the Protection Key to the FLIP Consortium, the FLIP Consortium shall not be required, obligated, or bound to re-issue the Protection Key to the Customer either for a fee or free of charge. In the event, however, the Protection Key is not available for return to the FLIP Consortium due to problems which occurred during shipment and delivery and not attributable to Customer, then the FLIP Consortium may, in its sole and absolute discretion, re-issue the Protection Key, either for a fee or free of charge; provided further, however, that the cause, trouble, and circumstances of the failed delivery are made clear to the FLIP Consortium by the delivery carrier. In such case, the Customer shall bear the shipping and handling costs for replacement of the Protection Key.