Warranty Policy (Limited Warranty)
Last updated: 27 April 2022
Effective as of: 1 April 2022
This limited warranty applies to residents of the United States only and contains a binding arbitration agreement and a class action waiver. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this warranty. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver” carefully.
THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING PRODUCTS OF THE TEQBALL GROUP (EACH, A “PRODUCT”; COLLECTIVELY, THE “PRODUCTS”). BY USING THE PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LIMITED WARRANTY. BEFORE USING THE PRODUCT, PLEASE READ THIS LIMITED WARRANTY CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LIMITED WARRANTY, DO NOT USE THE PRODUCT. RETURN THE PRODUCT TO US.
• TEQ™ SMART
• TEQ™ ONE
• TEQ™ LITE
|Accessory||TEQBALL™ Ball||90 days|
*THIS LIMITED WARRANTY APPLIES SOLELY TO THE PRODUCTS DESCRIBED ABOVE. THIS LIMITED WARRANTY DOES NOT APPLY TO PRODUCTS NOT LISTED ABOVE, THE PRODUCT-SPECIFIC LIMITED WARRANTIES SET FORTH BELOW), PRODUCTS SOLD ON A “USED”, “AS-IS” OR “WITHOUT WARRANTY” BASIS, AND PRODUCTS MANUFACTURED, SOLD OR DISTRIBUTED BY AN AUTHORIZED LICENSEE OF WILSON.
THIS LIMITED WARRANTY APPLIES TO PRODUCTS PURCHASED AFTER THE LAST REVISION DATE SET FORTH BELOW.
HOW LONG IS THE WARRANTY PERIOD AND WHAT IS COVERED?
TEQBALL USA warrants the Products against non-conformance with TEQBALL material and workmanship specifications for the applicable warranty period listed above commencing from the date of purchase by the original purchaser from TEQSHOP USA (www.teqshop.us or “Website”) (“Warranty Period”) under the following conditions ONLY:
- The warranty claim is made by the original purchaser of the Product with a valid proof of purchase from the Website (i.e. Products purchased from a consumer within the frame of retail are not covered by this Warranty Policy);
- The Product has not been subjected to accident, misuse, abuse, commercial use, improper service, or non-TEQBALL approved repair or modification;
- The date code and/or hologram (if applicable) on the Product is legible and has not been removed, deleted or altered; and
- Claims are made within the applicable Warranty Period.
WHAT THIS LIMITED WARRANTY DOES NOT COVER
THIS LIMITED WARRANTY DOES NOT COVER AND TEQBALL USA IS NOT RESPONSIBLE FOR:
- NORMAL WEAR AND TEAR;
- COSMETIC DAMAGE (I.E., MINOR SCRATCHES, SURFACE DEFORMATIONS, OR DISCOLORATION) INCLUDING NATURAL FADING OF COLORS;
- DAMAGES CAUSED BY MISUSE, ABUSE, MISAPPLICATION OR BY ACCIDENT OR NEGLIGENCE, INCLUDING PROLONGED EXPOSURE TO INCLEMENT WEATHER, INCLUDING DEFECTS CAUSED BY EXPOSURE TO EXTREME NATURAL CONDITIONS, LIQUIDS, OR GASES;
- DEFECTS CAUSED BY HANDLING BY THIRD PARTIES (SUCH AS POSTAL SERVICE, AIRLINES, HOTELS, ETC.);
- FAILURE TO OBSERVE CARE AND ASSEMBLY/DISASSEMBLY INSTRUCTIONS AND THE PROVISIONS OF THE USER MANUAL;
- DAMAGE CAUSED BY RIPS, CUTS OR TEARS;
- BURNS AND ABRASIONS;
- PRODUCTS TREATED WITH STEAMING DEVICES OR OTHER HEAT TREATMENTS;
- UNAUTHORIZED MODIFICATION OR ALTERATION INCLUDING ANY REPAIR DONE OUTSIDE OF TEQBALL USA CUSTOMER SERVICE;
- PRODUCTS WITH REMOVED OR DEFACED HOLOGRAMS OR DATE CODES OR IF THE DISPLAYED SERIAL NUMBER DOES NOT CORRESPOND TO THE NATURE, TYPE, OR ORIGIN OF THE PRODUCT;
- PRODUCTS PURCHASED FROM UNAUTHORIZED DEALERS (INCLUDING, WITHOUT LIMITATION, PRODUCTS PURCHASED THROUGH (I) AUCTION SITES SUCH AS EBAY OR CRAIGSLIST, (II) UNAUTHORIZED DEALERS SELLING VIA THIRD PARTY MARKETPLACES SUCH AS AMAZON MARKETPLACE, OR (III) DEALERS SELLING ALTERED, DOCTORED OR COUNTERFEIT PRODUCTS);
- COUNTERFEIT PRODUCTS;
- PRODUCTS PURCHASED “USED” FROM RETAILERS OR OTHER CONSUMERS, “AS-IS”, “WITHOUT WARRANTY”;
- ANY DAMAGES ARISING AFTER THE WARRANTY PERIOD; OR,
- PRODUCTS THAT ARE NOT LISTED ABOVE.
MAKING A WARRANTY CLAIM
Please write us an email to email@example.com or use our contact us form and provide us with the following information: i) name, ii) email, iii) account ID if you have a user account registered with us, iv) phone number, v) address (address, city, state, ZIP code), vi) product category (TEQ Tables, Accessories, Clothing, Merchandize), vii) product name (as displayed in your order confirmation email), viii) date of purchase, ix) SKU number (i.e. the combination of numbers and letters located at the top left corner of the barcode), x) invoice number, xi) written description of the issue. Our customer service associates will contact you regarding the next steps. You will be asked to provide them with the scanned copy of your invoice and at least one photograph evidencing the defect of the Product.
Upon assessing your warranty claim, TEQBALL USA may (a) accept your claim for warranty service by TEQBALL USA or its dedicated service provider, (b) request that you send your Product to TEQBALL USA for further evaluation of your claim, (c) deny your warranty claim.
If your Product is covered by this warranty, then TEQBALL USA will at its sole option and in its sole discretion (1) repair the Product (or part or component thereof), (2) replace the Product (or part or component thereof) with the same model product (or part or component), (3) replace the Product (or part or component thereof) with a comparable product (or part or component) should the Product be discontinued or otherwise unavailable. Note - A replacement product does not start a new Warranty Period. At its option, TEQBALL USA may replace the Product with a new or refurbished product.
If you have sent your product to TEQBALL USA and TEQBALL USA determines that your product is not covered by this limited warranty, then we will return your Product to you. In that case, you shall bear the costs of shipping between the relevant depo of TEQBALL USA and your shipping address. TEQBALL USA will invoice such costs to you.
Note – TEQBALL USA reserves the right to refuse warranty service to any person who, in TEQBALL USA’s sole discretion, abuses its products or this Warranty Policy.
Note – This Warranty Policy apply, mutatis mutandis, to the warranty offered by Teqball Kft. for US sales (manufacturer’s warranty). Please note that the provisions of this Warranty Policy supersede the warranty / guarantee provisions set out in the Product’s user manuals or other relevant documents accompanying the Products.
WHAT TO DO IF YOU ARE NOT SATISFIED WITH SERVICE
If you feel TEQBALL USA has not met its obligations under this policy, you may attempt to resolve the issue informally with TEQBALL USA. If you are unable to resolve the issue informally and wish to file a formal claim against TEQBALL USA, you must submit your claim to binding arbitration according to the procedures described below, unless an exception applies. Submitting a claim to binding arbitration means that you do not have the right to have your claim heard by a judge or jury, either individually or a part of a class of consumers. Instead, your claim will be heard by a neutral arbitrator.
BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS YOU HAVE BROUGHT AN ELIGIBLE INDIVIDUAL CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS WARRANTY, A BREACH OF THIS WARRANTY, OR THE PRODUCT’S SALE, CONDITION OR PERFORMANCE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.
To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration, as well as arbitator fees, will be shared between you and TEQBALL USA, but in no event will your fees ever exceed the amount of your claim, at which point TEQBALL USA will cover all additional administrative fees and expenses. TEQBALL USA waives its right to recover attorneys’ fees in connection with any arbitration under this warranty. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you may be entitled to recover attorneys’ fees as available under law, as the arbitrator may determine.
The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase. The place of arbitration will be Los Angeles County, California, or your county of residence, at your election. The arbitrator will have no authority to award punitive or other damages. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor TEQBALL USA nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and TEQBALL USA.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. TEQBALL USA AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
EXCEPTIONS TO BINDING ARBITRATION AGREEMENT
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify TEQBALL USA in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to 10811 WASHINGTON BLVD 90232 CULVER CITY CA 90232; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the Product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver. In addition, you may pursue an individual claim in small claims court in your county of residence or in Los Angeles County, California. In such case the provisions of the section titled “Binding Arbitration Agreement” will not apply, but the rules and limitations of the small claims court shall apply.
EXCLUSIONS AND LIMITATIONS
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE DESCRIBED ABOVE. TEQBALL USA 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, ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL BE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE. SOME STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TEQBALL USA WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF WILSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES (INCLUDING NEW JERSEY) 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.
IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING TEQBALL USA’S NEGLIGENCE, ALLEGED DAMAGE, OR DEFECTIVE GOODS, NO MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT), TEQBALL USA MAY, AT ITS SOLE OPTION AND IN ITS DISCRETION, REPAIR OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE PRICE. AS NOTED, SOME STATES (INCLUDING, NEW JERSEY) 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.
HOW THE LAW APPLIES
This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. This warranty applies to the greatest extent permitted by applicable law.
No employee or agent of TEQBALL USA may modify this warranty. If any term of this warranty, other than the class action waiver, is found to be unenforceable, that term will be severed from this warranty and all other terms will remain in effect. If the class action waiver is found to be unenforceable, then the entire section titled “Binding Arbitration Agreement; Class Action Waiver” will not apply. This warranty applies to the maximum extent not prohibited by law.