MISTYSTARS'S ONE-YEAR LIMITED WARRANTY
Updated and effective as of March 9, 2020
Mistystars Industries and its affiliated companies worldwide (collectively, “Mistystars”) warrants its products (collectively, the “Product”) against defects in manufacturing, material, or workmanship under normal use ("Warranty") for a period of one year from date of original purchase ("Warranty Period").
This Warranty will apply only to Product purchased directly from Mistystars. This Warranty is non-transferrable and covers only the original end-user purchaser.
Mistystars does not warrant, and is not responsible for other product made by anyone other than Mistystars, or Products not purchased directly from Mistystars.
SOLE AND EXCLUSIVE REMEDY
If a manufacturing, material or workmanship defect arises regarding any Product, and a valid claim is received within sixty (60) calendar days after the expiration of the Warranty Period, Mistystars will, at its sole discretion: (1) repair the Product using new or refurbished parts; (2) replace the Product with a new or refurbished Product. For purposes of this Warranty, “refurbished” means a product or part that has been substantially returned to its original specifications; or (3) replace the Product with a Product that is the same or of a similar style to the Product customer returned to Mistystars under this Warranty or a substitute equivalent to customer’s original purchased Product that may not be of like kind (depending on availability). Any out-of-stock or discontinued Product still under warranty that cannot be replaced with an identical product will be replaced with the equivalent model based on availability. Replacement with the same color cannot be guaranteed. Replacement or repaired Product are warranted as above only for the remainder of the original applicable Warranty Period. In the event of a defect, these are customer’s sole and exclusive remedies.
Except for the remedies expressly set forth above or to the extent restricted or prohibited by applicable law, the entire risk as to the quality and performance of the Products is with the customer, and the customer assumes the entire cost of repair should the Product prove defective following their purchase. In addition to and without limiting the generality of the foregoing disclaimers, this Warranty does not, under any circumstances, cover defects resulting from: normal wear and tear or otherwise due to the normal aging of the Product; cosmetic damage, including but not limited to scratches and dents unless failure has occurred due to a defect in manufacturing, materials or workmanship; improper or unreasonable use or maintenance; failure to follow operating instructions; accident; excess moisture; insects; damage caused by accident, abuse, misuse, fire, lightning, earthquake, or other external cause; power surges; connections to improper voltage supply; unauthorized alteration or modification of original condition; damages caused by inadequate packing or shipping procedures; loss of, damage to or corruption of stored data; damages caused by use with non-Mistystars products; any defect or failure of compatibility arising from or related to the release of a subsequent version, edition or model by any third party manufacturer.
Except as set forth above, Mistystars makes no express or implied warranties and Mistystars expressly disclaims any and all warranties including any warranty of quality, merchantability, or fitness for a particular purpose.
FOR CUSTOMERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, PROVINCE, OR COUNTRY OF PURCHASE OR RESIDENCE, THE BENEFITS TO CUSTOMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF CUSTOMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THE PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO CUSTOMER IN ANY STATE, PROVINCE, OR COUNTRY, AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH CUSTOMER RIGHTS OR BENEFITS IS NOT APPLICABLE TO CUSTOMERS COVERED BY SUCH LAW OR REGULATION, SO THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO CUSTOMER.
LIMITATION OF LIABILITY
In no event shall Mistystars Industries, its Officers, Directors, Distributors, Suppliers, or Agents (collectively “company”) be liable to you or any third party for any indirect, incidental, consequential, special, exemplary or punitive damages arising out of or in connection with the use of any Mistystars product, including, without limitation, device damage, data loss, or loss of use of any product, even if company has been advised of the possibility of such damages. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract, tort (including negligence) or otherwise), the entire liability of company shall be limited to the amount actually paid by you for the product. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
WARRANTY CLAIM PROCESS
To submit a warranty claim, visit https://mistystars.com/pages/customer-service. Any warranty claims must be made by customer no later than sixty (60) calendar days after the expiration of the Warranty Period. We may ask you to send us a photograph of your Product to validate the claim and, in some cases, we may ask that you return the product to Mistystars for inspection. Mistystars reserves the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.