Sales and Refunds
FUGU’s warranty obligations for this product are limited to the terms set forth in the following text.
FUGU RETURN POLICY – GENERAL TERMS
FUGU will accept returns on any products purchased directly from the FUGU website when we start the full-on production, which is after FUGU has produced and shipped the beta version (for backers and pre-orders). The warranty is valid within 30 days of the delivery date, provided the product does not show noticeable signs of use. If a return is accepted by FUGU, you will receive a refund based on your original form of payment.
Before returning an item, you must request a return authorization by emailing us at email@example.com. To be eligible for a return, your item must be in the same condition that you received it. It must also be in the original packaging. We will not refund or exchange any product that is damaged or missing parts for reasons not due to our error.
To process your return, FUGU will require a receipt or proof of purchase. If your return authorization is approved, you are responsible for returning the Product to FUGU, as well as any associated costs. Once the product is inspected repair costs or the cost of a new item will be covered by FUGU as will the cost to ship the item back to you.
FUGU WARRANTY – GENERAL TERMS
FUGU guarantees to you, the original purchaser, that the products which you have purchased directly from the fuguluggage.com website and through FUGU’s Kickstarter campaign, or from a FUGU authorized dealer (the “Product(s)”), are in conformance with the applicable FUGU specifications current at the time of manufacture for a period of time from the date of purchase of the Product(s) (the “Warranty Term”).
The Warranty comes into effect when the Product(s) is first received by the first end-user. The Product may consist of several different parts and each different part may be covered by a different Warranty Term.
FUGU warrants this Product against any defects in materials and workmanship under normal use for a period of one (1) year from the date of retail purchase by the original end-user purchaser (the “Comprehensive Warranty Period”).
Further, FUGU warrants this Product against defects in the material and workmanship of any non-electronic components of the Product (as defined below) under normal use for a period of three (3) years from the date of retail purchase by the original end-user purchaser (the “Material and Workmanship Warranty Period”). This period excludes any electronic components and parts including and related to the inflatable walls.
For the purposes of the Material and Workmanship Warranty Period, non-electronic components shall include the Product’s plastic casing, handles, zippers, latches and other similar components.
During these Warranty Periods, if a covered defect arises, and you follow the instructions for returning the Product, we will, at our option, either (i) repair the Product at no charge using either new or refurbished parts, (ii) replace the Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product, or (iii) refund the purchase price of the Product.
No FUGU reseller, agent, or employee is authorized to make any modification, extension, or addition to this 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.
A replacement product assumes the remaining warranty of the original Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.
When a Product is exchanged, any replacement item becomes your property and the replaced item becomes FUGU’s property. When a refund is given, the Product for which the refund is provided must be returned to FUGU and becomes FUGU’s property.
EXCLUSIONS & LIMITATIONS
The warranty is not valid for any FUGU Products from the beta version, which is the initial production for Kickstarter backers and pre-order customers. All warranty requests for those FUGU products are up to the discretion of the FUGU team.
This warranty applies only to genuine FUGU Products manufactured by or for FUGU. FUGU will determine, at its sole discretion, whether a product is a genuine FUGU Product. Any genuine FUGU Product in which the FUGU logo or any other identifying information, such as a serial or product ID number, has been removed, altered or defaced, is not covered under this warranty. FUGU’s responsibility for defects is limited to repair or replacement service as determined by FUGU in its sole discretion.
The Comprehensive Warranty Period and the Material and Workmanship Warranty Period (collectively, the “Warranty Period(s)”) shall only apply to Products that are damaged due to normal use, or are otherwise defective in materials or workmanship, including any structural defects (such as defective handles, zippers, or locks) or electronic defects (such as defective chips, software or batteries) as applicable for the relevant Warranty Period. FUGU does not warrant that the operation of the Product will be uninterrupted or error-free. FUGU is not responsible for damage arising from failure to follow instructions relating to the Product’s use. This warranty does not apply to: (a) damage caused by use with unapproved non-FUGU products; (b) damage caused by accident, abuse, neglect, misuse (such as transportation of unusual items), abrasion, flood, fire, earthquake, liquid exposure (including exposure to solvents, acids, bases, or water), extreme heat, extreme cold or other external causes; (c) damage caused by operating the Product outside the permitted or intended uses described by FUGU; (d) damage caused by service performed by anyone who is not a representative of FUGU or otherwise authorized by FUGU to service FUGU products; (e) a Product or part that has been modified without the written permission of FUGU; (f) cosmetic damage, including but not limited to scratches, dents, cracks, breaks, fissures or detachments; (g) diminished performance or failure of any batteries due to normal and/or extended use, unless damage has occurred due to a defect in materials or workmanship; or (h) any non-FUGU products, even if packaged or sold with FUGU Products, (i) transport damage (by airlines for example), (j) normal wear and tear, (k) cosmetic damage (such as scratched leather or stained fabric), and (l) direct, consequential or incidental damages related to such a data breach, including damages related to identity theft, theft of payment information, discovery by third parties of identity, location or other personal information, or any other damages related to a breach of data security.
Except as provided in this warranty and to the extent permitted by law, FUGU is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory. This includes incidental travel related losses due to Product failure, such as replacement cost of clothing or other valuables, airline or hotel change fees, meals, transportation, or any other incidental costs related to the loss or damage of FUGU Products in transit. In addition, FUGU explicitly waives all liability for loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with FUGU Products and any failure to maintain the confidentiality of data stored on the Product. The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary according to your jurisdiction. All express and implied warranties, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose, are limited in time to the term of the applicable Warranty Period. No warranties, whether express or implied, will apply after the expiration of the Material and Workmanship Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
OBTAINING WARRANTY SERVICE
Please access and review the online help resources at WEBSITE URL before requesting warranty service. If the Product is still not functioning properly after making use of these resources, please contact the FUGU representatives at WEBSITE URL or email us at firstname.lastname@example.org. A FUGU representative will help determine whether your Product requires service and, if it does, will inform you how FUGU will provide it. You must assist in diagnosing issues with your Product and follow FUGU’s warranty processes.
In order to obtain warranty service for any Product, you must first contact FUGU by one of the above mentioned methods, and obtain authorization to return the Product. You must then return the defective Product together with proof of purchase to the address specified by FUGU customer service at the time of the return authorization. In the event your return is approved, you are responsible for returning the Product to FUGU, as well any associated costs. Once the product is inspected repair costs or the cost of a new item will be covered by FUGU as will the cost to ship the item back to you.
If FUGU determines that the damage to the Product was not due to a manufacturing or design defect but rather to your own misuse, or the Product is otherwise not covered under this warranty, then you are responsible for the return shipping of the item. FUGU will promptly inform you if the damaged Product is not covered by this warranty as well as the estimated cost for return shipping. You will then have 30 days to issue payment for return shipping, or the damaged Product will be discarded. All decisions regarding applicability of this warranty are subject to FUGU’s sole discretion.
All limitations present in this Warranty Agreement are valid unless they violate the laws of your local jurisdiction.
GOVERNING LAW & ARBITRATION
This warranty shall be governed by the laws of the state of Israel 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 warranty shall be settled by binding arbitration administered by the American Arbitration Association. The number of arbitrators shall be 1. The place of arbitration shall be Tel Aviv, Israel. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
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 Israel for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, FUGU may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
FUGU has the right to change and update the terms and conditions herein at any time.
Last updated October 31, 2016