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This Warranty and Return Policy contains the complete terms and conditions between Emotiv (“We” or “Emotiv”) and you regarding your purchase of an Emotiv product (“Product”).
Please note that Emotiv does not permit the return of or offer refunds for the Emotiv SDK, which is sold as an electronic download. The EPOC and SDK headset may be returned for a refund or exchange, within 30 days from date of purchase, less restocking fees of 25%. Shipping and Handling fees of the headset is at the expense and responsibility of the purchaser and will not be refunded. Emotiv must be contacted prior to shipping of returned headset via email at email@example.com, to obtain a Return Material Authorization (RMA) number, shipping address and instructions from Emotiv. The EPOC and SDK headset may be returned for a full refund or exchange, within 30 days from date of purchase, if the product is received Dead on Arrival. An Emotiv product is considered DOA if it shows symptoms of a hardware failure, preventing basic operability, when you first use it after opening the box. If you believe that your product is DOA, please email firstname.lastname@example.org within 30 calendar days of the invoice date. Emotiv Technical Support will determine whether the product is DOA and offer you the following options:
Replacement: Emotiv, at its expense, will ship another of the same product. Emotiv will arrange for replacement and the DOA product's return.
Service: You may have the product repaired. However, once you choose that option, you may not request replacement of the product.
If Emotiv determines that you have misrepresented a returned product's condition and that the product is not DOA, Emotiv may, at its sole discretion, impose a US$300 handling fee.
Returns must be made to:
c/o Corporate Relations
268 Bush Street, #4109
San Francisco, CA 94104-3503
Limited Warranty.Emotiv warrants that the Product shall be free from defects in material or workmanship under normal use for one hundred eighty (180) calendar days beginning from the date of shipping of your original purchase (“Limited Warranty”).Return Process.
If you believe that the Product does not meet the Limited Warranty:
Please contact Emotiv to obtain a Return Material Authorization (RMA) number, shipping address and instructions.
Returned Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was included with the Product. Please include a description of the problem. You must prepay all shipping charges, and Emotiv recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to Emotiv or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. You are fully responsible for any loss or damage to the Product during shipping.
Emotiv’s sole obligation, and your sole remedy, for a breach of the Limited Warranty shall be as described in this Section 1(c). Emotiv shall determine in its sole discretion whether the Product contains a material or workmanship problem. If so determined, Emotiv shall in its sole discretion: (i) repair the Product using new or refurbished parts, (ii) replace the Product with a new or refurbished Product or (iii) refund to you the amount you paid for the Product based on your original method of payment. For the purposes of this Limited Warranty, “refurbished” means a Product or part that has been returned to its original specifications. Replaced parts and exchanged Products will become the property of Emotiv. The Limited Warranty gives you specific legal rights and you may have other rights which vary by jurisdiction.
The Limited Warranty does not apply in the following cases:
- Damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes.
- If a Product is defective as a result of leaking batteries or liquid damage.
- Defective materials or workmanship where the defect is due to a Product having been serviced or modified by a party other than Emotiv or an Emotiv authorized service provider.
- Malfunction resulting from the use of accessories, attachments, product suppliers, parts or devices with the Product that do not conform to Emotiv’s specifications or are not supplied by Emotiv.
- Damage occurring during shipment.
- Damage or service resulting from modifications or alterations to a Product in any way (including any alteration or removal of its serial number or identification marks).
Your option to return the Product under the Limited Warranty does not apply to the following Products:
- Electronic software downloads.
- Upgrades to Products provided by Emotiv
EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY AND RETURN POLICY, THE PRODUCT AND ALL SERVICES ARE PROVIDED “AS IS”. NEITHER EMOTIV NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE LIMITED WARRANTY PERIOD.
Limitation of Liability.
NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS WARRANTY AND RETURN POLICY, EMOTIV’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO EMOTIV FOR THE PRODUCT. The parties agree that the limitations specified in this Section 4 will survive and apply even if any limited remedy specified herein is found to have failed of its essential purpose. Some jurisdictions do not allow limitations on how long an implied warranty lasts, or allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
This Warranty and Return Policy shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China. Unless waived by Emotiv in its sole discretion, the jurisdiction and venue for any action arising out of or relating to the subject matter of this Warranty and Return Policy shall be the law of the Hong Kong Special Administrative Region of the People's Republic of China and you hereby submit to the exclusive jurisdiction of the Hong Kong Court.