1. What Does This Warranty Cover?
This Warranty covers substantial defects in materials and workmanship in your Nou Living Product that you use for domestic and private purposes.
This Warranty only applies to Nou Living Products purchased from an authorized Nou Living dealer, reseller, retailer or Nou Living directly.
2. What Does This Warranty Not Cover?
This Warranty does not cover the following products:
- Products used commercially or for business or resale purposes;
- Products resold by the initial user or consumer;
- Consumables such as batteries, fuses, light bulbs, etc.;
- Products that are outside the Warranty Period;
- Defective Products of which we are notified outside of the Warranty Period, regardless of when the defect developed; and
This Warranty does not cover damage to the Nou Living Product caused by:
- External factors such as fire, theft, and weather (including lightening damage);
- Incorrect, careless, or inappropriate handling or installation of the Product;
- Use of the Product in any circumstances other than for which the Product was designed;
- Accidental damage;
- Failure to properly maintain the Product;
- Unauthorized repair of the Product;
- Failure to follow the Product manufacturer’s instructions;
- Fair wear and tear;
- Cosmetic damage or deterioration to the Product, such as scratches, dents, corrosion or changes in color, where the function of the Product is unaffected;
- Acts of vandalism or deliberate damage in transit; or
- Inadequate or inappropriate packaging of the Product when returning it to use
This Warranty does not cover the following losses:
- Any loss suffered as a result of not being able to use the Product; or
- Any loss over and above the purchase price of the original Product, including consequential damages, incidental damages, lost time to return the Product, lost profits, business interruption, loss of business, or loss of opportunities.
Some states do not allow the exclusion or limitation of these incidental or consequential damages, so the above limitation or exclusion may not apply to you.
3. What is the Period of Coverage (or “Warranty Period”)?
This Warranty runs for one year from the Date of Shipment or for one year from the Date of Purchase if you purchase the Product from a retailer. The “Date of Shipment” means the date we ship the Product to you. We will confirm this date to you in an email from us or the relevant third-party retailer, provided we have a valid email address for you.
Implied warranties, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose, also are limited and run for one year from the Date of Shipment or for one year from the Date of Purchase if you purchase the Product from a retailer.
If any Products are repaired or replaced under this Warranty, the Warranty will remain in effect for the unexpired portion of the original Warranty Period (i.e., from the original Date of Shipment or Date of Purchase). The Warranty will not restart from the date of repair or replacement.
Coverage under this Warranty terminates if the initial user or consumer sells the Product.
4. What Will We Do to Correct the Problems?
Once we have verified your warranty claim based on the terms and conditions of this Warranty, we will do one of the following, at our discretion:
- Repair or replace the defective Product (or part); or
- If the Product (or part) is no longer available, provide an alternative Product (or part) that has an equivalent functionality to the defective Product (or part); or
- If no equivalent Product is available, we will refund to you a fair and reasonable amount, which shall not exceed the amount paid or payable by you for the Product. We reserve the right to deduct an appropriate amount from the value of the Product for the period of use already enjoyed.
We undertake to complete any Product repair or replacement with respect to a valid warranty claim as soon as reasonably practicable and, in any case, within 60 days of receipt by us (Nouveau Brands Pty Ltd) of your returned Product. However, we shall not be obligated to do so outside of normal working hours (9:00 AM to 5:00 PM AEST) or on weekends or holidays. We will repair or replace your mechanically defective Product free of charge, including all parts and labor, subject to the terms and conditions of this Warranty.
All replaced Products and spare parts, which are not returned to you, shall become the property of Nouveau Brands Pty Ltd.
For the avoidance of doubt, the above remedies shall be your sole remedies under the terms of this Warranty. Consumer statutory rights available to you shall be unaffected.
5. What Will We Not Do?
We will not under any circumstances be responsible for the cost of transportation of any Product (either to or from us) which we do not consider to be subject to a valid warranty claim. If we determine that your Product is not defective, you will be responsible for the cost of transportation of the Product to and from us, billed at the cost we have incurred.
6. How Do You Get Service?
Notify Us When Your Product Develops a Defect
If your Product develops a mechanical defect during the Warranty Period, you must email us at email@example.com within 30 days of you becoming aware of the relevant defect. Your email must include the following information, which can be found on your Order Confirmation:
- Your name;
- Your contact information;
- Model number of your Product;
- Date of your order; and
- A short description of the issue.
Failure to notify us within this timeframe may invalidate your claim under this Warranty.
Return the Product to Us
Once we have determined that your Warranty is valid, we will provide you with information about how to return the Product to us for inspection and testing, the cost of which is initially covered by us. You must return all Products in their original packaging, along with a copy of your Order Confirmation.
Under the terms of this Warranty, you agree to provide us with such assistance as may be reasonably necessary to carry out a warranty assessment or Product repair/replacement. Failure by you to provide such assistance may invalidate the Warranty.
Contact Us With Questions
If you have questions or would like to obtain more information on the procedure described above, you may contact us on firstname.lastname@example.org
7. What Is Our Liability to You for Losses or Damages You Have Suffered?
If we fail to comply with these terms and conditions, we shall be responsible for any loss or damage that you suffer only to the extent that it is a foreseeable result of our failure to comply with these terms and conditions or our failing to use reasonable care and skill. This liability excludes losses over and above the purchase price of the original Product, including consequential damages, incidental damages, lost time to return the Product, lost profits, business interruption, loss of business, or loss of opportunities. Some states do not allow the exclusion or limitation of these incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Nothing in this Warranty shall operate so as to limit or exclude our liability for death or personal injury arising from our negligence, for fraud or for any other matter in respect of which liability cannot be limited or excluded by operation of law.
8. How Does State Law Relate to This Warranty?
This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.