THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
What this Limited Warranty Covers; Period of Coverage
Luma Home, Inc. (“Luma”), 75 5th St. NW, Suite 208, Atlanta, Georgia 30308, warrants to the original purchaser only that the Luma device you purchased (the “Product”) will be free from defects in materials and workmanship for a period of one (1) year from the date you received the Product (either the date of retail purchase if purchased in a retail store or the date of delivery following an online purchase) (the “Warranty Period”). If the Product fails to conform to this Limited Warranty during the Warranty Period, Luma will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at Luma’s sole discretion. If the Product or a component incorporated within it is no longer available, Luma may, at Luma’s sole discretion, replace the Product with a similar product of similar function. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction. This Limited Warranty is not transferable from the original purchaser to subsequent owners. This Limited Warranty is only valid in jurisdictions where the Products are sold by Luma itself or through its authorized reseller or agent, and is valid to the extent permitted by applicable laws of such jurisdiction.
30 Day Total Satisfaction Return Policy
If you are the original purchaser of the Product and you are not satisfied with this Product for any reason, you may return it in its original condition within thirty (30) days of the date you received the Product (either the date of retail purchase if purchased in a retail store or the date of delivery following an online retail purchase) and receive a full refund.
Warranty Conditions; How to Claim Under this Limited Warranty
Before making a claim under this Limited Warranty, the owner of the Product must (a) notify Luma of the intention to claim by emailing [email protected] or calling Customer Support at 1-800-684-LUMA during the Warranty Period, providing a description of the alleged failure and obtain a Return Merchandise Authorization Number (“RMA Number”) from Customer Support, and (b) comply with Luma’s return shipping instructions. Your replacement Product will ship as quickly as possible, typically within 48 hours, excluding weekends and holidays, after either (a) Luma receives your returned Product; or (b) you provide your credit card information to Customer Support. If you chose to provide your credit card information, your credit card will not be charged provided that Luma receives your returned Product within 14 days after the shipment date of your replacement Product. Luma will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the returned Product is an Ineligible Product (as defined below). Luma will bear all costs of shipping the returned Product and the replacement Product, except with respect to any Ineligible Product, for which owner will bear all shipping costs. Customer Support will provide you with a prepaid shipping label to use to ship the returned Product to Luma. If the return Product is an Ineligible Product, your credit card will be charged with the cost of any prepaid shipping labels provided to you, the cost of shipping the replacement Product and the then-current standard price for the applicable replacement Product. Any returned Product received by Luma that is an Ineligible Product will be returned to you at your costs (subject to prepayment) or kept for 30 days for your pick-up and then disposed of in Luma’s sole discretion. All returned Products must be returned either in their original packaging or packaging providing an equal degree of protection, together with proof of purchase. It is your responsibility to backup any data, software, or other materials you may have stored to preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted when returned, and Luma is not responsible for any such damage or loss.
What this Limited Warranty Does Not Cover; Exclusions and Limitations
This Limited Warranty does not cover the following (collectively “Ineligible Products”): (i) Products marked as “sample” or “Not for Sale”, or sold “AS IS”; or (ii) Products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with instructions provided by Luma or the Product’s permitted or intended use; (c) damage caused by accident, abuse, misuse, spillage of food or liquid or other external causes; (d) damage caused by operating the Product outside the permitted or intended uses or with improper voltage or a power supply other than the Luma power supply; (e) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (f) damage caused by service performed by anyone who is not a representative of Luma. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. Unauthorized use of the Product or software can impair the Product’s performance and may invalidate this Limited Warranty. This Limited Warranty is void if a Product is returned with removed, damaged or tampered labels or any alterations (including the unauthorized removal of any component or external cover).
This Limited Warranty applies only to the Product manufactured by or for Luma that can be identified by the “Luma” trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) Luma products and services other than the Product or (b) software, even if packaged or sold with the Product or embedded in the Product. Please refer to the Terms of Service that accompany the Luma mobile application for details of your rights with respect to its use. Luma does not warrant that the operations of the Product will be uninterrupted or error-free. Luma is not responsible for damages arising from failure to follow instructions relating to the Product’s use.
No Luma 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.
Disclaimer of Warranties
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMA ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
Limitation of Damages
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL LUMA BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND LUMA’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
Limitation of Liability
LUMA MAY PROVIDE YOU INFORMATION REGARDING THE PRODUCT (“PRODUCT INFORMATION”). WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE”. LUMA DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE.
Your Rights and This Limited Warranty
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states, provinces or jurisdictions. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service. This Limited Warranty shall be governed by the laws of the United States and by the laws of the State of Georgia, without giving effect to any conflict of laws principles that may provide the application of the law of the law of another jurisdiction.