NION BEAUTY LIMITED WARRANTY
This limited warranty (“Limited Warranty”) applies to Nion Beauty products (the “Products”) sold by Nion Beauty (the “Company”) or its retail partners. The obligations under this Limited Warranty are only to the Product’s original purchaser. The Limited Warranty cannot be assigned or transferred. This Limited Warranty applies only to Products purchased in the United States.
The Company warrants that the Products will be free from material defects in materials and workmanship under normal use for a period of two years from the date of your purchase (“Warranty Period”). Your sole and exclusive remedies for warranty claims submitted pursuant to this Limited Warranty are as follows:
For all Products that contain or develop a material defect in materials or workmanship during the Warranty Period, the Company will do one of the following: (1) repair the Product, (2) replace the Product with a like product, or (3) refund your purchase price for the Product (taxes, shipping and handling costs excluded). The Company has the sole discretion to decide which of these three options to use. If the Company replaces the Product pursuant to this Limited Warranty, the replacement product will be covered by this Limited Warranty for the remainder of the Limited Warranty period.
Warranty Claim Procedure
All claims pursuant to this Limited Warranty must be submitted to the Company within the Limited Warranty period. Any claim submitted after the Limited Warranty period is void and will be rejected.
To make a Limited Warranty claim, send an email to the Company at email@example.com. The email must include: (1) proof of purchase, including date of purchase; (2) a description of the problem or defect, along with any supporting documentation, including photographs; (3) the date the defect was first discovered; and (4) your name, address, and phone number.
The Company will review your claim and then notify you whether the claim is denied or accepted, or whether the Company needs additional information. If the Company requests additional information from you, then you must provide the information within 30 days of the requests or your Limited Warranty claim becomes void.
If the Company accepts your claim, the Company will send you a Return Merchandise Authorization (“RMA”) number and provide you with further instructions on where to ship the Product. You must return the Product, your proof of purchase, the RMA, and anything else requested by the Company within 30 days of the date the Company sent you the RMA; if you fail to do so, your Limited Warranty claim becomes void.
This Limited Warranty does not apply to: (1) normal wear and tear and (2) defects or damage that is caused by misuse, accident, neglect, abuse, alteration; modification, improper or unauthorized repair, or improper storage. The Company is not responsible for damages arising from or related to the failure to follow instructions relating to the use of the Product.
Limitation of Damages and Implied Warranties
TO THE FULL EXTENT PERMITTED BY LAW, THIS WARRANTY POLICY DOES NOT COVER, AND MOBVOI IS NOT RESPONSIBLE FOR: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, OR LOSS OF REPUTATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
All implied warranties (including the implied warranties of merchantability and fitness for a particular purpose) are limited in duration to the Warranty Period. All such implied warranties are expressly disclaimed for periods beyond the Warranty Period.
Some jurisdictions do not allow limitations on the duration of an implied warranty, so this limitation may not apply to you.
Governing Law and Disputes
This Limited Warranty is governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to conflicts of law principles. The parties expressly agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods will not apply to the Limited Warranty or to their relationship. The parties further agree that all disputes arising under or in connection with this Limited Warrant shall be resolved by final and binding arbitration—the parties expressly waive their right to a jury trial.
The arbitration shall proceed pursuant to the Rules of Arbitration of the International Chamber of Commerce, and shall be conducted by one arbitrator appointed in accordance with the Rules. The language of the arbitration will be English. The arbitration will take place in Seattle, Washington. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. All materials in the proceedings created for the purpose of the arbitration, all other documents produced in the proceedings not otherwise in the public domain, and all awards in the arbitration will be deemed “confidential information” and shall not be disclosed to those not a party to the arbitration, except in response to a subpoena or court order, or as necessary for purposes of the arbitration itself (e.g. disclosure to an expert witness in the arbitration). Notwithstanding anything to the contrary above and irrespective of the tribunal’s powers to order interim or conservatory measures, nothing in this Limited Warranty will prevent either party from seeking provisional measures from any court of competent jurisdiction, and no such request will be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
In the event that the jury waiver and mandatory arbitration provision in this Limited Warranty are deemed invalid for any reason, the parties agree that any dispute arising under or in connection with this Limited Warranty shall be submitted to the United States District Court for the Western District of Washington, or if that court lacks jurisdiction, the Washington Superior Court for King County.
You may return any unopened and unused Products to the Company for a refund of the purchase price and any taxes (shipping and handling is non-refundable) subject to the following limitations. You must return the Product, along with the original purchase receipt, to the Company within 30 days of the date you purchased the Product. You are responsible for any shipping costs incurred in returning the Product to the Company. The Products must be returned to Nion Beauty Returns, 2207 East Carson Street, Unit C-1, Carson, CA 90810.