Warranty
1. Limited Warranty
Neuromodulation Technologies B.V. (herafter “NMT”) warrants that the Lucid Dreamer (including any part thereof) will be free in all material respects from defects in materials and workmanship, under normal and intended use as described in the applicable product documentation furnished by NMT (“Documentation”), for a period of ONE (1) YEAR, running from (i) in case of Pre- Orders, the date when the Lucid Dreamer is delivered to the carrier for shipment to Customer, and (ii) in case of other orders, from Customer’s original date of purchase of the Lucid Dreamer (“Warranty Period”). Within the Warranty Period, if any defect arises and you make a claim and return the product in accordance with our Return Policy (described below), we will, at our option, either (a) repair the Lucid Dreamer using either new or refurbished parts, (b) replace the defective Lucid Dreamer or part with a new or refurbished Lucid Dreamer or part, or (c) refund your Order. Any replacement may be, at the option of NMT, a new product (including a next-generation model providing functionalities materially similar to those of the originally purchased Lucid Dreamer) or re-manufactured
A repaired or replaced Lucid Dreamer will be under this warranty for the rest of the Warranty Period remaining for the original Lucid Dreamer or ninety (90) days from the date of shipping the replacement or repair, whichever provides longer coverage for you.
When the Lucid Dreamer is exchanged, any replacement item becomes your property and the replaced item becomes the property of NMT. When a refund is given, the Lucid Dreamer for which we provide the refund must be returned to us and it becomes property of NMT.
To receive any remedy under this Limited Warranty, you must follow our Return Policy.
2. Limited Warranty
Exclusions and Limitations. This Limited Warranty applies only to the Lucid Dreamer The warranty does not apply to: (a) damage resulting from abuse, misuse, accident, or negligence (b) normal wear and tear, (c) defects caused by alterations, modifications, unusual stress, improper storage (including but not limited to use in wet conditions), repair and servicing not made or authorized by NMT, (d) damage caused by handling, operating or using the Product outside the permitted or intended uses described in the Documentation, (e) defects that are not reproducible by NMT, (f) cosmetic damage, such as scratches, dents and broken plastic, and (g) consumables, including in particular batteries, unless damaged due to a manufacturing defect.
NMT does not warrant uninterrupted or error-free operation of the Lucid Dreamer. Except as provided in this limited warranty and to the extent permitted by law, NMT will not be responsible for any damages, whether direct or indirect, incidental, special, exemplary, or consequential, arising from or relating to this limited warranty or the use of or inability to use any product, even if NMT knew or should have known of the possibility of such damages. This limitation of liability applies to a legal claim for damages under any legal theory, including, by way of example, breach of warranty or condition, loss of use; loss of revenue; loss of actual or anticipated profits; loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; replacement of equipment and property; and loss of, damage to, corruption of, or costs of recovering or reproducing data or program. NMT’s aggregate cumulative liability arising from or relating to this limited warranty and the use of, or inability to use, any product, whether in contract or tort or otherwise, shall in no event exceed the amount received by NMT from customer in connection with the warrantied product.
This limited warranty gives you specific legal rights and you may also have other rights which vary from country to country. Under the warranty, NMT’s liability for hardware defects is limited to repair or replacement service, or a refund, as determined by NMT in its sole discretion. All express and implied warranties, including any implied warranties and conditions of merchantability and fitness for a particular purpose, are limited in time to the term of this limited warranty. No warranties, whether express or implied, will apply after the expiration of the limited warranty period.
Some countries or states do not allow the exclusion or limitation of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The disclaimers, exclusions, and limitations of liability under this limited warranty shall not apply to the extent prohibited by applicable law.
3. EU Warranty.
According to the applicable law, Neuromodulation Technologies B.V. (“NMT”) warrants to Customers within the European Union/European Economic Area that the Lucid Dreamer (including any part thereof) will be free in all material respects from defects in materials and workmanship existing as of the date when Customer takes delivery of the Lucid Dreamer and will otherwise conform with the contract between NMT and Customer. If you discover such defects or other nonconformity and
make a claim with NMT in accordance with these Terms within the period of two (2) years from the date when the Lucid Dreamer was delivered to the carrier for shipment to you, we will, at our option, either (a) repair the Lucid Dreamer using either new or refurbished parts, (b) replace the defective Lucid Dreamer or part with a new or refurbished Lucid Dreamer or part, or (c) refund your Order (the “EU Warranty”). Any replacement under this EU Warranty may be, at the option of NMT, a new product (including a next-generation model providing functionalities materially similar to those of the originally purchased Lucid Dreamer) or re -manufactured product.
This EU Warranty applies only to the Lucid Dreamer hardware. The EU Warranty does not apply to: (a) damage resulting from abuse, misuse, acc ident, or negligence (b) normal wear and tear, (c) defects caused by alterations, modifications, unusual stress, improper storage (including but not limited to use in wet conditions), repair and servicing not made or authorized by NMT, (d) damage caused by handling, operating or using the Product outside the permitted or intended uses described in the Documentation, (e) defects that are not reproducible by NMT, (f) cosmetic damage, such as scratches, dents and broken plastic, and (g) consumables, including in particular batteries, unless damaged due to a manufacturing defect.
To receive any remedy under this EU Warranty, you must follow our Return Policy.
You may also have other rights legal rights under applicable national legislation of the members of the European Economic Area. Those rights are not affected by this EU Warrantee.
For information on EU-wide consumer laws, please visit the European Consumer Centre website at http://ec.europa.eu/consumers/ecc/contact_en.htm.
If no specific information is provided for your country, or if you have any questions about consumer laws in your country, please contact your local European Consumer Centre at http://ec.europa.eu/consumers/ecc/contact_en.htm.