Warranty and Returns
IMPORTANT: BY USING YOUR WAGGIT DEVICE (“PRODUCT”) YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE WAGGIT LIMITED WARRANTY AND RETURN POLICY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN THE BELOW RETURN POLICY TO WAGGIT FOR A REFUND.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. WAGGIT DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, WAGGIT LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND THE REFUND POLICY DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
1. LIMITED WARRANTY
1.1 Waggit warrants its Products to the original purchaser under a thirty (30) day money back guarantee. If you are the original purchaser and are unsatisfied with the Product in any way, you must contact Waggit within thirty (30) days from the purchase date and follow the Return Policy set forth below in Section 2 to receive a full refund.
1.2 Waggit warrants its Product to the original purchaser that the Product will be free from material defects in materials and workmanship under normal use for a period of two (2) years. If you are the original purchaser and your Product is no longer functioning correctly, you must contact Waggit within two (2) years from the purchase date and follow the Return Policy set forth below in Section 2 to receive a full refund.
1.3 The limited warranty under subsection 1.1 and subsection 1.2 does NOT cover: (a) the software or other elements of the Services provided by Waggit; (b) material defects in the Products due (wholly or partially) to mistreatment (such as dog or other animal damage), improper use or storage or maintenance or installation, or failure to observe any instructions or other directions issued or made available by us in connection with the Product; and (c) material defects in the Product due to your negligence, improper use or use in any manner inconsistent with our or any other manufacturer’s specifications or instructions.
2. RETURN POLICY
2.1 Except as set out as part of the “Return Policy” set forth below and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms, we will not be liable and you will not be entitled to reject or return the Product for any reason, except for: (a) you may reject Products with damage to or loss of Product or any part thereof in transit (where the Product are carried by our own transport or by a carrier on our behalf) when notified to us within 5 business days of receipt of the Product; or (b) you may return Products with valid claims under the limited warranty in Section 1 (the foregoing constitutes our “Return Policy”), in accordance with the Return Policy Procedures set forth in subsection 2.2 below;
2.2 Return Policy Procedures. If you are entitled to reject or return the Product under subsection 2.1, you must email firstname.lastname@example.org within the applicable time period, and you will arrange for delivery and return of the Product (which must include all original packaging, hardware, accessories materials, and documentation) at your sole expense. You bear the risk of loss during shipment. Upon receipt by us of the returned Product (including all original packaging, hardware, accessories materials, and documentation) and, where applicable, verification of the damage or material defects, we will refund the amount via the original payment method Waggit charged to you, as soon as reasonably possible.
3. LIMITATION OF LIABILITY
3.1 EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAGGIT IS NOT RESPONSIBLE FOR DIRECT, 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; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA AND/OR PROPERTY; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE WAGGIT PRODUCT.
3.2 THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WAGGIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
3.3. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Capitalized terms not defined in this Warranty will have the meaning set forth in the Waggit Terms of Service available at: https://waggit.dog/pages/terms-of-service.
This Agreement was last modified on December 24, 2018.