Dead on Arrival Products. If you are the original purchaser of a DreamOn device from Pulsewear or an authorised Pulsewear retailer and the DreamOn device is Dead on Arrival (namely, when you first attempted to use the product after opening the box, it demonstrated hardware failure, preventing even basic operability), the DreamOn device may be returned by you to us within thirty (30) days of your original purchase.
If we verify that you were the original purchaser of the product and the product was Dead on Arrival, we will offer you the following options at our expense:
(a) ship you a replacement product; or
(b) service the product, in which case you will not have the right of replacement.
To be eligible to return any Dead on Arrival product to us, you must follow the warranty claim process set out below.
Manufacturer Defects. Your DreamOn device is warranted by Pulsewear Inc. and/or its affiliates (“Pulsewear”) to be free of defects in materials or workmanship, under normal use, for a period of one (1) year from the date of your original purchase of the new DreamOn device except to the extent a longer period is required by applicable law (the “Warranty Period”). This limited warranty excludes damage resulting from: (i) improper care or handling (including, without limitation, user abuse or proximity to moisture or heat), (ii) accidents, (iii) modification, (iv) unauthorized repairs, (v) use of the DreamOn device with accessories, products, services or software applications not expressly approved or provided by Pulsewear, (vi) use of the DreamOn device in a manner contrary to, or not in accordance with, the documentation, guidelines or instructions provided by Pulsewear or (vi) other causes which are not defects in materials or workmanship of the DreamOn device.
This warranty does not cover: (a) used or refurbished products; (b) products provided as a “sample”, “AS IS” or “complimentary”; (c) any third party products Pulsewear sells; or (d) any accessories for the DreamOn device.
The warranty only extends to new DreamOn devices purchased by you from Pulsewear or an authorised Pulsewear retailer.
If there is a covered defect with the DreamOn device, Pulsewear will, at its discretion, repair (with new or refurbished parts) or replace (with new or refurbished product) your DreamOn device free of charge, or will issue you with a refund. The Warranty Period for the repaired or replaced DreamOn device will expire upon the expiration of the original Warranty Period (except to the extent Pulsewear is expressly required by law to provide you a longer Warranty Period for the repaired or replaced DreamOn device).
This warranty is a hardware only warranty that is limited to the DreamOn device and does not cover any software made available, shipped, pre-loaded, or distributed by Pulsewear or any third party, even if the software is packaged or sold with the product, or available for the product at a later time. Software license agreements apply to your use of the software associated with the DreamOn device. The software license for Pulsewear proprietary software to be used with the DreamOn device is described in the applicable Pulsewear end user license agreement.
To be eligible to return any defective DreamOn device to us, you must follow the warranty claim process set out below.
Warranty Claim Process. To be eligible to return any DreamOn device to us, you must have a Dead on Arrival product or a DreamOn device with a manufacturer’s defect and you must:
(1) prior to shipping the DreamOn device to us, contact us through http://www.dreamon.co/support and obtain a Return Material Authorization (RMA) number, shipping address and other instructions. The RMA number must be included with your DreamOn device return
(2) provide us with valid proof of your original purchase
(3) package the DreamOn device in the original, unmarked packaging together with all accessories, manuals, and documentation (unless otherwise requested by Pulsewear)
(4) include a description of the reason for the DreamOn device return.
If we determine that there was no valid reason for returning the DreamOn device to us (i.e. it was not Dead on Arrival or did not have a manufacturer’s defect), we may, at our discretion, refuse to accept the DreamOn device or return the DreamOn device to you and charge you a USD$100 handling fee.
Limitation of Liability. The DreamOn device is provided “AS IS AND WITH ALL FAULTS”, and Pulsewear hereby disclaims all other warranties, conditions and the provision of or failure to provide support or other services, information, software, and related content through the DreamOn device or otherwise arising out of the use of the DreamOn device. This limited warranty is in place of all other express and implied warranties, conditions, representations, or guarantees of any kind (including, without limitation, implied warranties of merchantability, satisfactory quality and/or fitness for a particular purpose) which are all hereby excluded and shall have no effect. In no event shall Pulsewear or anyone acting on behalf of or with Pulsewear (including, without limitation, in relation to the manufacture, supply, distribution, sale, repair or return of the product) be liable for any direct, indirect, incidental, special or consequential loss or damages whatsoever (including, without limitation, damages for loss of profits, loss of use of the products or functionality, business interruption, loss or corruption of information (including data), or other pecuniary loss) arising out of the use or inability to use the DreamOn device even if Pulsewear or anyone acting on behalf of Pulsewear has been advised of the possibility of such damages. This limitation is intended to apply and does apply without regard to whether such damages are claimed, asserted or brought in an action or claim in tort, contract, on the warranty, or under any other legal theory. The liability of Pulsewear (and any one acting on behalf of or with Pulsewear) to you for loss or damage arising under this warranty shall not exceed in aggregate the net purchase price you paid for the product or the cost of replacing the DreamOn device, whichever is greater. The foregoing shall not in any way restrict any liability in relation to death or bodily injury or statutory liability for intentional and gross negligent acts or omissions. No other person or company is authorized to change this warranty.
Some states and countries do not allow limitations on how long an implied warranty lasts, or the exclusion of all or certain types of damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other additional statutory rights, which vary from state to state or within a particular country. The foregoing is without prejudice to other legal rights that may arise under applicable mandatory legislation. This warranty extends only to new DreamOn device purchased by you from Pulsewear or an authorized Pulsewear retailer.
Governing Law. Unless stated otherwise below, this limited warranty will be governed by, and construed in accordance with, the laws of the State of New York, United States and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of the State of New York, United States.
i. If you are domiciled in a country located in Europe, Middle-East or Africa, this limited warranty will be governed and construed in accordance with the laws of England and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of London, England.
ii. If you are domiciled in a country located in Asia-Pacific, this limited warranty will be governed and construed in accordance with the laws of Singapore and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Singapore.
iii. If you are domiciled in the United States of America, this limited warranty will be governed and construed in accordance with the laws of the State of New York, United States and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of the State of New York, United States.
The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Language. If this Warranty is translated in a language other than English, to the extent of any conflict between the English version and the translated version, the English version will prevail.
Miscellaneous. If there is any conflict between this limited warranty and any other warranty provided to you including, without limitation, in the packaging of the product, the provisions of this warranty shall be applied by Pulsewear to the extent of such conflict. If any term, provision or sub-section of this warranty is held to be void, illegal or unenforceable, the validity or enforceability of the remainder of such term, provision or subsection and this warranty will not be affected.