Limited Warranty Policy
Limited Warranty Policy
Last Updated: November 29, 2021
This Limited Warranty (“Policy”) sets forth the terms of the limited warranty (“Warranty”) applicable to the Nailbot printer hardware (the “Nailbot Hardware”). This Policy forms part of and is subject to the Preemadonna Terms of Service (the “Terms”). All capitalized terms used but not defined herein shall have the meanings given to them in the Terms.
1. LIMITED WARRANTY
(a) Applicability. This Warranty applies only to the Nailbot Hardware and does not apply to any accessories, cartridges, nail polishes, power supplies, packaging, stickers, or nail care consumables that may be purchased as part of the Nailbot system or separately. Further, this Warranty applies only to the non-commercial, in-home use of the Nailbot system. Any other use will void this Warranty.
(b) Limited Hardware Warranty. Preemadonna warrants to the end-user that, for a period of one (1) year following delivery of the Nailbot to end-user, the Nailbot Hardware will be free from defects in workmanship and materials, when used in accordance with these Terms, the safety and operation guide and the accompanying product documentation. The Warranty applies only against defects discovered within the applicable Warranty period and only so long as the applicable Nailbot Hardware remains in the possession of the original purchaser, or for a gifted Nailbot, the original registered account owner of the Nailbot Services attached to that Nailbot. The Warranty is not transferable.
IF A DEFECT ARISES WITHIN THE APPLICABLE WARRANTY PERIOD, THE END-USER’S SOLE AND EXCLUSIVE REMEDY IS FOR PREEMADONNA TO, AT PREEMADONNA’S DISCRETION TO THE EXTENT PERMITTED BY LAW, EITHER REPAIR THE DEFECTIVE NAILBOT HARDWARE OR REPLACE THE NAILBOT HARDWARE WITH THE SAME OR COMPARABLE MODEL. REPLACEMENT PARTS FURNISHED UNDER THIS WARRANTY MAY BE REFURBISHED OR CONTAIN REFURBISHED COMPONENTS. ANY REPAIRED OR REPLACED NAILBOT HARDWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER, OR FOR ANY ADDITIONAL PERIOD THAT IS REQUIRED BY APPLICABLE LAW.
THIS WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY PREEMADONNA AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. THIS LIMITATION APPLIES EVEN IF THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, 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 BY JURISDICTION.
PREEMADONNA IS NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ECONOMIC LOSS, LOSS OF PROPERTY OR DATA, LOSS OF ENJOYMENT OR USE, OR OTHER CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER IN CONNECTION WITH THE PURCHASE, USE, REPAIR OR MAINTENANCE OF THE NAILBOT SYSTEM OR PARTS THEREOF. PREEMADONNA DOES NOT PROVIDE MONETARY OR OTHER COMPENSATION FOR ANY SUCH REPAIRS OR REPLACEMENT PARTS COSTS, INCLUDING BUT NOT LIMITED TO COST OF SUBSTITUTE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(c) Exclusions and Limitations. This Warranty does NOT apply to any Nailbot Hardware which has been damaged by or from: (i) alterations, modifications, tampering, disassembly, or improper maintenance or repairs; (ii) use of the Nailbot Hardware with third party products, parts or accessories not provided by Preemadonna, or not originally intended for or compatible with the Nailbot Hardware (including but not limited to unauthorized third party cartridges, nail polishes, chargers, and software); (iii) use of the Nailbot system not in accordance with the safety and operation guide and accompanying product documentation; (iv) improper or abnormal use, abuse, misuse, accident neglect, corrosion, theft, vandalism, fire, flood, lightning, freezing or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause; or (iv) normal wear and tear, Including any cosmetic damage such as scratches, dents or chips.
Any attempt to modify the Nailbot Hardware or modify, delete, add, or install software not provided with the Nailbot system or automatically updated by Preemadonna will void the Warranty with respect to such Nailbot Hardware.
(d) Warranty Claims. To make a claim under this Warranty, please email email@example.com with the order number, email address used to place the order, Nailbot Hardware Serial Number and a description of the alleged damage or failure. The Nailbot Hardware must be returned in either its original packaging or packaging providing an equal degree of protection to the address specified by Preemadonna. To ensure successful delivery, you are required to ship the defective Nailbot Hardware using the prepaid return shipping label emailed to you by Preemadonna. It is your responsibility to retain a copy of the shipping label with the applicable tracking number as proof of tracking. You acknowledge and agree that Preemadonna is not responsible for packages lost in transit without proof of tracking.