“Affiliates” of a person means the parent or other holding companies, subsidiaries, affiliates, authorized distributors, dealers, retailers, and authorized service providers, or any officers, directors, agents, or employees thereof.
“Authorized Dealer” means any Erreà® authorized distributor, reseller, or retailer that (i) was permitted to sell Buyer the Product under the laws of the jurisdiction where Buyer bought the Product, and (ii) sold Buyer the Product new and in its original packaging.
“Buyer” means the first person that purchased the Product, with all labels, sales tags, and packaging intact, from an Authorized Dealer. This Limited Warranty does not apply to persons or entities that received the Product (i) in used or unpackaged form or (ii) from someone other than an Authorized Dealer.
“Purchase Date” means the date of purchase of a Product as shown on a sales receipt.
“Product” means any new article of apparel, sportswear, or sports equipment manufactured by Erreà® and purchased by Buyer.
Erreà® warrants to the Buyer that any new Product will be free, under normal use, from defects in workmanship or materials, provided that any allegedly defective Product has not been altered, misused, neglected, tampered with, or otherwise damaged through causes unconnected with its manufacture. Without limiting the generality of the foregoing, this Limited Warranty does not cover the following: (i) Product failure caused by excessive or abnormal wear, exposure to caustic chemicals, extreme heat, alterations, misuse, or neglect; (ii) poor fit; (iii) color fading due to wear or washing; (iv) normal wear and tear, including wear and tear resulting from use of the Product in athletic and sport activities; (v) Buyer’s failure to follow care instructions or use reasonable care in maintaining the Product; or (vi) abrasions on well-worn areas. For purposes of this Article 2, “wear and tear” shall be determined in Erreà’s sole discretion and shall include, but not be limited to, failure over time of any seams, moldings, trims, or fabrics. Erreà® will not repair or replace Products that show (i) obvious signs of physical stress, such as rips or split seams or (ii) evidence of inadequate care or treatment. Erreà® shall have no warranty obligations for Products for which Erreà®, or its Authorized Dealer, has not received full payment from Buyer.
Duration of this Limited Warranty.
This Limited Warranty shall terminate upon the expiration of NINETY (90) DAYS from the Purchase Date. This Limited Warranty is not transferable and shall not extend to anyone other than the Buyer.
This Limited Warranty applies only if Buyer purchases Products for non-commercial use, personal use, or family or household purposes.
This Limited Warranty extends only to a Product purchased and used within the United States.
Replacement of a Defective Product.
In the event that a defect in a Product is found within the terms of this Limited Warranty, Erreà® will in its sole discretion either repair or replace the Product free of charge. Erreà® will also pay for shipping and handling fees to return the repaired or replacement Product to Buyer. If the Product has been discontinued, Erreà® has the right to provide a replacement Product similar to the defective Product.
Disclaimer of Other Warranties.
Except as expressly warranted in this limited warranty, to the maximum extent allowed by law, Erreà® hereby disclaims any statutory and implied warranty and any remedy applicable to the product which but for the warranty contained herein might arise by implication or operation of law. Erreà® assumes no responsibility that the product will be fit for any particular purpose for which buyer may be buying this product. Erreà® limits the duration and remedies of all implied warranties, including, without limitation, the warranties of merchantability and fitness for a particular purpose, to the duration of this express limited warranty.
Limitation of Remedies. Exclusive Remedy.
The sole obligation and liability of Erreà® and its affiliates, and buyer’s sole and exclusive remedy, in connection with the product or its use or application, whether based on warranty, contract, tort (including negligence), or any other legal theory, shall be strictly limited at Erreà®’s option to repair or replacement of this product.
Limitation of liability.
To the maximum extent allowed by law, under no circumstances shall Erreà®, or its affiliates, be liable for any indirect, special, incidental, exemplary, or consequential damages, even if Erreà® has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to buyer and buyer may also have other legal rights that vary from state to state.
If any portion of this limited warranty is held illegal or unenforceable by reason of any law, such partial illegality or unenforceability shall not affect the enforceability for the remainder of this limited warranty.
Choice of law and jurisdiction.
This limited warranty will be governed by the laws of the state of new york, without regard to its rules of conflict of laws. Any disagreement or dispute arising out of or relating to this limited warranty shall be settled by final and binding arbitration to be conducted in new york, new york by a single arbitrator in accordance with the commercial rules of the american arbitration association.
No other warranties.
Unless modified in a writing signed by both parties, this limited warranty is understood to be the complete and exclusive agreement between the parties hereto, superseding all prior agreements, oral or written, an all other communications between the parties relating to the subject matter of this limited warranty. In the event that Erreà® or its affiliates have made oral statements about the product, such statements do not constitute warranties, shall not be relied on by buyer and are not part of this limited warranty or any agreement between Erreà® and buyer.
Warranty claim process.
In the event that buyer must submit a warranty claim within the duration of this limited warranty per the provisions of article 2 of this limited warranty, buyer must follow these instructions:
contact our customer service department by phone at 212-206-4022 or by email at email@example.com to obtain a return authorization code (“rac”);
fill out the claim form located at erreausa.Com entirely, giving complete contact information, the rac code, and a detailed explanation of how the product is defective;
return the product, clean and properly packaged, to erreà at: erreà sport usa 17 state street, 2nd floor, new york, ny 10004 for verification of the defect, together with the completed claim form, along with a copy of buyer’s proof of purchase and original sales receipt.
Buyer must pre-pay all postage, shipping charges, handling, and insurance costs when returning the product (with reasonable costs to be refunded if buyer is entitled to a remedy under this limited warranty). If buyer fails to comply with any of the instructions contained in this article 13, buyer’s shipment will be refused and returned at buyer’s expense.
Allocation of risks.
This limited warranty allocates the risks of product defects and failure between erreà and the buyer. This allocation is recognized by both parties hereto and is reflected in the price of the product. The buyer acknowledges that it has read this limited warranty, understands it, and is bound by its terms.