ugowear Limited Warranty

ugowear LLC and its affiliated companies worldwide (“ugowear”) warrants our ugowear products against defects in material or workmanship for a period of one (1) year from the original date of purchase of the product by a consumer (the “Warranty Period”). ugowear does not warrant, and is not responsible for, any smartphone or other device or product made by anyone other than ugowear. If a material or workmanship defect arises with regard to any ugowear product, and a valid claim is received within the Warranty Period, ugowear will (1) repair the ugowear product using new or refurbished parts or (2) replace the ugowear product with a new or refurbished ugowear product. For purposes of this limited warranty, “refurbished” means a product or part that has been substantially returned to its original specifications. In the event of a defect, these are your exclusive remedies.

Exclusions

ugowear’s limited warranty does not apply to any products that have been modified, altered, or changed in any way by you or any third parties. The warranty also does not apply if you have not used the product properly, as intended to be used, or as instructed by ugowear. Therefore, it is essential that you read all tags and instructions that come with ugowear’s products.

 

Limitations

Except for the limited warranty expressly set forth above or to the extent restricted or prohibited by applicable law, each ugowear product is sold solely on an “as is” basis. ugowear expressly disclaims any and all other warranties express or implied, including any implied warranty of quality, non-infringement, quiet enjoyment, merchantability, or fitness for a particular purpose. You, as the consumer, specifically agree that ugowear shall not be liable for any special, incidental, indirect, punitive, or consequential damages for breach of any warranty of any type on any ugowear product. If such disclaimer of any implied warranty is not permitted by law, the duration of any such implied warranty is limited to the duration for the warranty period of the limited warranty as set forth above. If applicable law specifies a minimum warranty period that is longer than the warranty period set forth in the limited warranty, then the warranty period for ugowear products subject to such applicable law shall be conformed to the minimum period so required.

IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, SHALL UGOWEAR, ITS DISTRIBUTORS OR SUPPLIERS, BE LIABLE TO YOU 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 UGOWEAR PRODUCT, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, LOSS OF VALUE OF THE UGOWEAR PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE UGOWEAR PRODUCT, OR LOSS OF USE OF THE UGOWEAR PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE UGOWEAR PRODUCT, EVEN IF UGOWEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, you understand and agree that ugowear has no liability for any damage or destruction to consumer electronics devices or other personal property that are contained inside or outside the ugowear products, including, without limitation, laptops, cellular phones, or other handheld devices, or any loss of data contained in the foregoing devices. You agree the entire aggregate liability of ugowear and any of its distributors and/or suppliers shall be limited to the amount actually paid by you for the ugowear product giving rise to the liability. Some states and/or jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The limitations of liability set forth above shall apply to the maximum extent permitted under applicable law.

 

Sole and Exclusive Remedy

Your sole and exclusive remedy for any breach by ugowear of this limited warranty, and ugowear’s sole and entire liability for such breach, is to repair or replace the defective ugowear product, at ugowear’s option, or if the warranty claim is submitted during the first thirty (30) days of the Warranty Period, to refund the purchase price of the defective product. ugowear reserves the right to send you a replacement product that is the same or of a similar style to the ugowear product you returned, or to substitute an equivalent product to your original ugowear product that may not be of like kind, depending on availability of products.

 

Return Policy Procedure

ugowear will accept returns within 30 days of the original purchase if the ugowear product was purchased directly from ugowear. IF THE UGOWEAR PRODUCT WAS PURCHASED FROM A RETAILER OR OTHER RESELLER OF UGOWEAR PRODUCTS, ALL RETURNS OR REFUNDS MUST BE PROCESSED THROUGH THAT RETAILER ACCORDING TO THAT RETAINER’S INDIVIDUAL RETURN POLICY. ugowear is not responsible for any refunds or returns for products not purchased directly from ugowear.

 

Procedure for Warranty Claims

We pride ourselves on providing top-quality protective solutions for your mobile technology and take quality seriously. When requesting a warranty replacement, we will require proof that the claim is valid. We will send you a prepaid shipping envelope for you to return the product so we can test it for any flaws, defects or deficiencies. We may also require you to send a photograph of your receipt for the purchase of the product, or provide such other proof to allow us to determine the validity of warranty coverage on your claim. For certain products, we may give notice in the product packaging, packaging insert, or other material delivered with the product that warranty coverage is contingent on registration of the product.

We want to provide quality customer service, but we’ve seen cases where generous warranty policies have been abused. The abuse of our warranty by a few means that we may have to inconvenience you on a valid warranty claim. TO PROTECT THE VAST MAJORITY OF OUR CUSTOMERS WHO MAKE HONEST AND APPROPRIATE CLAIMS ON OUR WARRANTY, WE RESERVE THE RIGHT TO PURSUE ACTION, UP TO AND INCLUDING LEGAL ACTION, AGAINST THE FEW WHO ABUSE OUR WARRANTY POLICY.