iBaby Labs, Inc. (“iBaby or IBaby “) warrants the iBaby hardware (the “Product”), and only the Product, against defects in materials and workmanship under normal use for a period of one year (365) days from the date of purchase by the original purchaser (“Warranty Period”). Under this Limited Warranty, if a defect arises and a valid claim is received by iBaby within the Warranty Period regarding the Product, at its option and to the extent permitted by law, iBaby will either (1) repair the Product, using new or refurbished replacement parts or (2) exchange the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are the sole and exclusive remedies.
- The warranty for the replacement Product or part assumes the original Product or one-year (365) days from the date of original purchase.
- When a Product is exchanged, any replacement item becomes your property and the replaced item becomes iBaby’s property.
- When a product is exchanged/replaced, this does not extend the warranty duration. The warranty only starts when the first product was originally purchased and will end within 365 days after the purchase of the original/first product.
- Product must be prepaid, in its original packaging to the specified address with furnish proof of purchase to receive warranty service. It is your responsibility to backup any information, data, or other items you may have stored on the Product. iBaby will not be responsible for any such damage or loss.
- All RMA claims must include a valid Proof of Purchase.
- iBaby does not accept any returns without a RMA # issued by iBaby customer service.
- Any products purchased from other distributors, retail stores, or online stores must be returned to the original purchased place within the remorse period. iBaby does not refund or replace products that were purchased by unauthorized sellers. We currently authorize the following channels as authorized resellers of iBaby Products: Amazon,Target, Bed Bath &Beyond, buybuy Baby, Best Buy, Costco, Macy’s, Walmart, Home Depot & Nordstrom. Please contact iBaby for more information. NOTE: our products are only “sold by” the above channels. We do not accept any replacements or refunds when the product was purchased through third party sellers on channels such as Amazon, eBay, buybuyBaby, HomeDepot, WalMart, etc. On your receipt “Sold by” must be clearly any of the above channels. We strongly suggest that you do not buy iBaby products from any unauthorized sellers because those units might be defective and not under warranty.
- All Clearance items are final sale and no returns are accepted. Replacements can only be issued within 10-days of your purchase.
- Exclusions and Limitations. This Limited Warranty applies only to the Product manufactured by or for iBaby that can be identified by the “iBaby” trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) iBaby products and services other than the Product, (b) non-iBaby hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product. Refer to the licenses accompanying the software for details of your rights with respect to its use.
- For any replacements that do not have the original box, iBaby reserves the right to charge 15% restocking fee. This amount will be deducted automatically from you credit card.
- iBaby does not warrant that the operation of the Product will be uninterrupted or error-free. iBaby is not responsible for damage arising from failure to follow instructions relating to the Product’s use.
- iBaby is not responsible for Product that has been altered or modified. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
- This Limited Warranty does not cover the cost of returning the Product to iBaby; this is your responsibility.
- No iBaby reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
- If a product is purchased in the United States and is taken to any other countries, this automatically voids the warranty.
- For international purchase and RMA request, Warranty can be applied only if the customer covers the shipment of the replaced units.
- If iBaby does not receive the old unit until the designated time, you will be charge for the RMA and replacement units unless it is received by iBaby RMA team.
- Under no circumstance the Warranty can be extended unless Extended Care has been purchased.
- In order to issue any RMA unit, Customer Service team must have a valid Credit Card from you on file.
Implied Warranties. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
Limitation of Damages. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, iBABY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.
Consumer Protection. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state to state.
Governing Law and Arbitration. This Limited Warranty shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within Santa Clara County, California and the federal courts in the Northern District of California for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, iBaby may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.