IMPORTANT: BY USING YOUR MELLA PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE MELLA ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, MELLA DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. MELLA DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, MELLA LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT MELLA'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
MELLA Inc Washington U.S.A. 95014 (“Mella”) warrants the Mella-branded professional depilatory warmers hardware product and the Mella-branded accessories contained in the original packaging (“Mella Product”) against defects in materials and workmanship when used normally in accordance with Mella's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Mella's published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-Mella branded hardware products or any software, even if packaged or sold with Mella hardware. Manufacturers, suppliers, or publishers, other than Mella, may provide their own warranties to you – please contact them for further information. Software distributed by Mella with or without the Mella brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Mella does not warrant that the operation of the Mella Product will be uninterrupted or error-free. Mella is not responsible for damage arising from failure to follow instructions relating to the Mella Product’s use.
This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Mella Product’s specifications (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Mella Product outside Mella's published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Mella ; (g) to an Mella Product that has been modified to alter functionality or capability without the written permission of Mella; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Mella Product; (i) if any serial number has been removed or defaced from the Mella Product; or (j) if Mella receives information from relevant public authorities or registries that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Mella Product, and you cannot prove in any way that you are the authorized user of the product (e.g., by presenting proof of purchase). To the extent permitted by local law, Mella may provide hardware identifier information from the Mella Product to such authorities or registries for security and fraud prevention purposes.
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE MELLA PRODUCT TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, Mella or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Mella's procedures for obtaining warranty service.
Important: Do not open the Mella Product. Opening the Mella Product may cause damage that is not covered by this Warranty. Only Mella should perform service on this Mella Product.
WHAT WILL MELLA DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to Mella in accordance with this warranty, Mella will, at its option:
(i) repair the Mella Product using new or previously used Mella genuine parts that have been tested and passed Mella functional requirements.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the Mella Product is still not functioning properly after making use of these resources, please contact a Mella representative at firstname.lastname@example.org. A Mella representative will help determine whether your Mella Product requires service and, if it does, will inform you how Mella will provide it.
Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
Mella will provide warranty service through one or more of the following options:
Mail-in service. If Customer or Mella determines that your Mella Product is eligible for mail-in service, Mella will send you prepaid waybills if the situation qualifies otherwise you are responsible for all shipping costs. Mella is not responsible for shipping costs for user error situations. If you choose to mail in your Mella product for service you are responsible for shipping costs. Mella can supply instructions on how to properly pack and address your Mella product, so that you may ship your Mella Product to a service location. Instructions may be sent to you via email or in hard copy. Once service is complete, the Mella Service team will return the Mella Product to you using the prepaid return label you include.
Service where Mella does not require return of the Mella Product or part. Mella will troubleshoot at a mutually convenient time via Zoom, FaceTime or other similar video conference option available free of charge.
Mella reserves the right to change the method by which Mella may provide warranty service to you, and your Mella Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. Mella may use Mella Products or replacement parts for service that are sourced from a country that is different from the country from which the Mella Product or original parts were sourced. You may be responsible for shipping and handling charges if the Mella Product cannot be serviced virtually. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, Mella may repair or replace Mella Products and parts with comparable Mella Product and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MELLA IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO 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, COMPROMISE 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 IN OR USED WITH THE MELLA PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE MELLA 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. MELLA DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY MELLA PRODUCT UNDER THIS WARRANTY OR REPLACE THE MELLA PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE MELLA PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Mella 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. This Warranty is governed by and construed under the laws of the country in which the Mella Product purchase took place. Mella or its successor in title is the warrantor under this Warranty.