Warranty

BoldHue, Inc. (“BoldHue”, “we”, or “us”) provides its customers who purchased a BoldHue™ Custom Foundation Device (the “Device”) with this express limited warranty with regards to the Device, subject to the terms and conditions detailed below.

1. LIMITED WARRANTY

1.1. Subject to applicable consumer laws, and to the extent permitted by such laws, BoldHue hereby warrants that, during the Limited Warranty Period (as defined below), the Devices are free from defects in materials and workmanship, and that BoldHue will repair or replace, at its sole discretion and option, and for no additional charge, any Device that manifests a defect in materials or workmanship (the “Limited Warranty”).

1.2. The Limited Warranty shall become effective on the date of the original purchase of the Device by the first end-user thereof, and shall remain in effect for twelve (12) months thereafter, or for the period prescribed by the consumer law applicable to you, whichever is longer (collectively, the “Limited Warranty Period”). Claims of defect brought after the Limited Warranty Period will not be covered by the Limited Warranty. Please note that you are solely responsible for retaining the Device’s proof of purchase, which you shall be required to present to us, as a pre-condition for exercising your rights under the Limited Warranty.

1.3. The Limited Warranty shall only apply to the extent that you provide BoldHue with notice of a defect in your Device, during the Limited Warranty Period. Your notice must describe the defect in reasonable detail. The repair or replacement of any Device under the Limited Warranty will not extend the Limited Warranty for such Device beyond the original Limited Warranty Period.

1.4. Following the Limited Warranty Period and for any defect, or with respect to damages resulting from circumstances which are excluded from the Limited Warranty, BoldHue may, but is not obligated to, provide certain repair services, at its discretion, and you may be charged for such repairing or replacing of the Device, or parts thereof, in accordance with BoldHue’s standard rates in effect at the relevant time. Any parts of the Device which are removed and replaced will become the property of BoldHue.

2. EXCLUSIONS

2.1. This Limited Warranty applies only to Devices which are used in accordance with their instructions and documentation and solely for personal, family or household purposes.

2.2. This Limited Warranty does not apply to any damage or defect resulting from: (i) accident, misuse, abuse, neglect, abnormal physical or electrical stress, abnormal environmental conditions, contamination, liquid spills, acts of God, improper maintenance, improper storage, handling, shipping or installation, or any unauthorized and/or outdoor and/or commercial use, or other external causes; (ii) disasters such as fire, flood, lightning or improper electric current; (iii) repair, maintenance or alteration of the Device by anyone other than BoldHue or its authorized third parties, or by not carrying out the recommended appliance maintenance; (iv) use of Device for anything other than normal domestic household purposes and use of the Device for purposes other than those for which it was designed; (v) the combination of the Device with parts, equipment or software not authorized or provided by BoldHue or otherwise approved by BoldHue in accordance with the Device’s documentation or outside the usage parameters stated in the user documentation that shipped with the Device; (vi) any use of the device with non-authorized cartridges, and/or use of BoldHue Cartridges (as defined below) not in accordance with their instructions.

2.3. In order to operate the Device, you must use certain cartridges which are produced exclusively by BoldHue (the “BoldHue Cartridge”). This Limited Warranty does not apply to any damage or defect to the Device resulting from any use of the BoldHue Cartridge other than in accordance with their instructions and documentation, including without limitation, misuse of the BoldHue Cartridge, refilling the BoldHue Cartridge and/or improper storage or handling of the BoldHue Cartridges. In addition, any defect or damage to the Device resulting from use of non-BoldHue Cartridges (including without limitation, the use of counterfeits, self-made and/or self-filled cartridges) is excluded from the Limited Warranty. Please note that BoldHue Cartridges are intended for a limited number of uses and that BoldHue Cartridges are not covered under the Limited Warranty. Instructions for use, disclaimers, notices and additional information regarding the BoldHue Cartridges is available on our site.

2.4. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE LIMITED WARRANTY SHALL APPLY ONLY WHEN THE DEVICE IS LOCATED WITHIN THE COUNTRY IN WHICH BOLDHUE ORIGINALLY SOLD THE DEVICE, AS REFLECTED IN THE PURCHASE DOCUMENTS, AND MAY ONLY BE EXERCISED IN SUCH COUNTRY.

3. CLAIMS

3.1. In order to exercise your rights under this Limited Warranty, you must contact BoldHue’s customer support via the communication means detailed at the bottom of this Statement. Please note that any communication regarding this Limited Warranty must be accompanied by the order number, the Device's serial number or the original invoice for the Device’s purchase, and a description of the defect in reasonable detail.

3.2. Our support team will instruct you on the manner of repairing or replacing a defective Device. To the extent that you are instructed to send the Device by mail or courier, you must send the Device in either its original packaging or a similar package affording an equal degree of protection. If BoldHue determines that the Device is eligible for repair or replacement under this Limited Warranty, it shall bear the costs of shipping and handling fees associated with returning the Device under this Limited Warranty to you. BoldHue shall use commercially reasonable efforts to deliver the Device within a specified timeframe. Notwithstanding the aforesaid, any delivery date is estimated and not guaranteed. In repairing or replacing a defective Device, if identical materials are not available at the time of repair or replacement, BoldHue may, at its option, substitute materials of comparable quality or refund buyer’s money.

4. DISCLAIMERS AND LIMITATION OF LIABILITY

4.1. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOLDHUE MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, BY STATUTE, USAGE, CUSTOM OF TRADE OR OTHERWISE WITH RESPECT TO THE APPLIANCES OR PARTS COVERED BY THIS WARRANTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF WORKMANSHIP, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR DURABILITY.

4.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (A) BOLDHUE AND THE COMPANY’S REPRESENTATIVES SHALL NOT BE LIABLE, UNDER ALL THEORIES OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED TO ANY USE OF OR INABILITY TO USE THE DEVICE, AND/OR FOR LOST PROFITS, WORK STOPPAGE, SAVINGS, OR REVENUES OF ANY KIND, EVEN IF BOLDHUE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE OBLIGATION AND LIABILITY FOR USE OF THE DEVICE, AND IN NO EVENT SHALL BOLDHUE AND THE COMPANY’S REPRESENTATIVES’ TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE DEVICE FROM ALL CLAIMS OR CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY (NOT ATTRIBUTABLE TO PERSONAL INJURIES), EXCEED THE ACTUAL AMOUNT PAID BY YOU TO BOLDHUE FOR THE DEVICE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

4.3. SOME STATES, PROVINCES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG WARRANTIES OR CONDITIONS LAST, OR ON EXCLUSION OR LIMITATION OF DAMAGES, SO THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

5. CUSTOMER SUPPORT

For any information regarding the Limited Warranty please contact BoldHue’s Customer Service:

Website: www.boldhue.com/warranty

E-mail: support@boldhue.com