Unless otherwise stated, terms defined in the Terms & Conditions shall retain that definition in this Product Warranty (the “Warranty”).
CURVD warrants all CURVD products, including any brands owned by CURVD, contained in the original packaging against defects in materials and workmanship when used normally in accordance with our published guidelines for the lifetime of the product starting from the date of original retail purchase by the end-user purchaser (“Warranty Period”). The Warranty Period is published here generally and any warranty language included in the original packaging shall govern over these terms.
Published guidelines include but are no limited to information contained in technical specifications, user manuals, and service communications.
To submit a warranty claim, please contact us immediately at firstname.lastname@example.org. Any warranty claims must be made within 60 calendar days from the close of the Warranty Period. CURVD may request a return for inspection or photograph of the Product to validate the claim. CURVD reserves the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.
All CURVD products shall be warrantied for the lifetime of the product, starting from the date of sale to the end user. This lifetime warranty shall be for a Warranty Period of 5 years, subject to the terms & conditions of the Warranty.
Sole and Exclusive Remedy
If a manufacturing, material or workmanship defect arises regarding any CURVD product, and a valid claim is received by CURVD no later than sixty calendar days after the expiration of the applicable Warranty Period, CURVD will, in its discretion: (1) repair the Product using new or refurbished parts; (2) replace the Product with a new or refurbished Product, (3) replace the Product with a Product is the same or of a similar style to the Product customer is having issues with or a substitute equivalent to customer’s original purchased Product that may not be of like kind (depending on availability), or (4) a refund of the original purchase price minus shipping costs. Special editions are special and may not be able to be replaced or repaired, similar colors may not be available. Any product still under the Warranty Period and cannot be replaced with an identical product will be replaced with the equivalent model based on availability.
Replacement or repairs Products are warranted only for the remainder of the original applicable Warranty Period. In the event of a defect, these are the customer’s sole and exclusive remedies. This Warranty is extended only to the original end-use customer and will not be extended to any other person.
For purpose of this Warranty, “refurbished” means a product or part that has been substantially returned to its original specifications.
Exclusions and Limitations
Except for the remedies expressly set for in this Warranty or as provided by applicable law, the entire risk as to the quality and performance of the Products is with the customer and the customer assumes the entire cost of repair should the Products be damaged following their purchase. In addition to and without limiting the generality of any disclaimers in this Warranty, this Limited Warranty does not, under any circumstances, cover defects resulting from: normal wear and tear or otherwise due to the normal aging of the Product; cosmetic damage, including but not limited to scratches, dents and broken plastic unless failure has occurred due to a defect in manufacturing, materials, or workmanship; improper or unreasonable use or maintenance; failure to follow operating instructions; accident; excess or insufficient moisture; insects; damage caused caused by accident, abuse, misuse, fire, lightning, earthquake, or other external cause; power surges; connections to improper voltage supply; unauthorized alteration or modification of original condition; damages caused by inadequate packing or shipping procedures; loss of, damage to or corruption of stored data; damages caused by use with third party products; Products that require modification or adaptation to enable them to operate in any country other than the country for which they were designed, manufactured, approved and authorized, or repair of products damaged by these modifications; and products purchased from unauthorized dealers or retail sellers.
FOR CUSTOMERS WHO ARE COVERD BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, PROVINCE, OR COUNTRY OF PURCHASE OR RESIDENCE, THE BENEFITS TO THE CUSTOMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION OT TOHTER RIGHTS AND REMEDIES OF THE CUSTOMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHS RELATING TO THE PERFORMANCE OF HTE PRODUCT AND REMEDIES APPLCIABLE IN THE EVENT OF A DEFECT. THIS WARRANTY WILLB E INTERPRETED UNDER HTE LAWS OR REGULATIONS THAT APPLY OT THE CUSTOMER IN ANY STATE, PROVINCE, OR COUNTRY, AND ANY PROVISION OF THIS WARRANTY THAT WITH ANY SUCH CUSTOMER RIGHTS OR BENEFITS IS NOT APPLCIABLE TO A CUSTOMER COVERED BY SUCH LAW OR REGULATION, OS THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APLY, TO THE CUSTOMER.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, EACH PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND CURVD MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CURVD SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF NON- INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OfTHE WARRANTY PERIOD APPLCIABLE TO THE PRODUCT AS SET FORTH IN THIS WARRANTY. SOME STATES, PROVINCES, AND COUNTRIES DO ONT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APLY TO THE CUSTOMER. IF APPLCIABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE APPLICABLE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE APPLICABLE WARRANTY PERIOD FOR PRODUCTS SUBJECT TO SUCH APPLICABLE LAW WILL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE AND FROM COUNTRY TO COUNTRY.
LIMITATION OF LIABILITY
IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL CURVD, ITS DISTRIBUTORS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF CURVD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, CUSTOMER UNDERSTANDS AND AGREES THAT CURVD HAS NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO CUSTOMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE CONNECTED TO CURVD PRODUCTS, INCLUDING, WITHOUT LIMITATION, LAPTOPS, SMARTPHONES, CELLULAR PHONES, OR OTHER HANDHELD DEVICES, OR ANY LOSS OF DATA CONTAINED IN THE FOREGOING DEVICES. NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF DEBCIBULLZ AND ANY OF ITS DISTRIBUTORS AND/OR SUPPLIERS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR ANY PRODUCT GIVING RISE TO LIABILITY. SOME STATES, PROVINCES, COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW