Limited Warranty UK/EU

 

Ozlo Limited Warranty

 

This “Limited Warranty” applies to all Ozlo Sleepbuds (the “Product”) manufactured by Drowsy Digital, Inc. (d/b/a Ozlo) (“Ozlo”) and sold to the original purchaser of the Product (“you”) in the United Kingdom or a member state of the European Union (“EU”) directly by Ozlo or an Ozlo authorized reseller.

 

PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS IN CONNECTION WITH YOUR PRODUCT. THIS LIMITED WARRANTY CONTAINS IMPORTANT TERMS THAT, AMONG OTHER THINGS, AFFECT OZLO’S LIABILITY AND YOUR LEGAL REMEDIES AGAINST OZLO. THIS LIMITED WARRANTY GIVES YOU SEPARATE SPECIFIC RIGHTS THAT ARE IN ADDITION TO OTHER RIGHTS YOU MAY HAVE UNDER APPLICABLE CONSUMER LAWS, INCLUDING BUT NOT LIMITED TO THOSE RELATING TO NON-CONFORMING GOODS.

YOU HAVE THE RIGHT TO CHOOSE WHETHER TO CLAIM WARRANTY SERVICE UNDER THIS LIMITED WARRANTY OR UNDER YOUR CONSUMER LAW RIGHTS.

 

Limited Product Warranty

 

Ozlo warrants to you that the Product will be free from defects in materials and workmanship under normal use for a period of two (2) years from the date of purchase (the “Warranty Period”).

 

Remedies

 

If a defect in the Product’s hardware arises (a “Product Defect”) during the Warranty Period, Ozlo, at its sole discretion and to the extent permitted by law may either: (A) repair the Product at no charge using new or refurbished replacement parts; (B) replace the Product with a new or refurbished Product; or (C) where it determines that it is not reasonable to repair or replace the Product (for example, because the cost of repair or replacement is disproportionate to the value of the Product), provide a full or proportionate (depending on whether you have owned the Product for less than, or more than, six months) refund of the original purchase price you paid, in exchange for return of the Product.

 

Application to Replacement Products

 

The warranty period for repaired or replacement Products shall be thirty (30) days from the date Ozlo delivers the repaired or replacement Product to you or the remainder of the original Warranty Period (whichever is longer) or for any additional period of time that may be applicable in your jurisdiction.

 

How to Obtain Warranty Service

 

To obtain warranty service under this Limited Warranty, you must notify Ozlo of the Product Defect within the Warranty Period by email at support@ozlosleep.com to begin your claim.

You must first return the defective Product to Ozlo or to its authorized service provider (as directed by Ozlo) and Ozlo will refund you the costs of returning the Product that is the subject of a repair or replacement. 

 

Limited Warranty Exclusions and Limitations

 

This Limited Warranty does not apply to the following: (a) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship in the Product; (b) normal wear and tear and cosmetic damage, including, but not limited to, scratches, dents and broken plastic; (c) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper repair, installation, wiring, or testing, improper storage, (d) buildup of earwax or other debris in the Product nozzle, (e) Products where the serial number has been removed; (f) Products purchased from sources other than Ozlo or its authorized resellers, (g) malfunction or defects resulting from the use of the Product in connection with accessories, services or ancillary or peripheral equipment or improper voltage or power supply not expressly approved or provided by Ozlo, and where it is determined by Ozlo that such malfunction or defect is not the fault of the Product itself; (h) any third party software installed on the Product without authorisation from Ozlo; or (i) damage caused by operating the Products outside the permitted or intended uses described by Ozlo.

 

Ozlo’s Liability

 

• Unlawful exclusions or limitations of liability. Ozlo does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Ozlo’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your statutory rights in relation to the Product.

 

• Damage to digital content. If defective digital content which Ozlo may have supplied with the Product damages a device or digital content belonging to you and this is caused by Ozlo’s failure to use reasonable care and skill, Ozlo will either repair the damage or pay you compensation. However, Ozlo will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow our instructions. In any event, you should backup all data on your Product at regular intervals.

 

• Business losses. Ozlo only supplies the Product for domestic and private use. If you use the Product for any commercial, business or re-sale purpose Ozlo will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Transferability of Limited Warranty

 

This Limited Warranty applies to you, as the original purchaser of the Product. However, you may transfer our Limited Warranty described in Section 1 to a person who has acquired the Product, provided that the person seeking to rely on it can produce reasonable evidence that they are now the owner of the relevant items, such as a letter or invoice from the original purchaser of the Product.

 

Severability

 

Each provision of this Limited Warranty, and any part thereof, is declared to be separate and distinct from all other provisions and parts thereof. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

 

Governing Law

 

This Limited Warranty shall be governed by the laws of England, without prejudice to any conflict of laws principles that may provide the application of the law of another jurisdiction. Wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, or in any EU member state, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

 

Contact Us

 

If you have any questions or comments regarding this Limited Warranty, you may contact Ozlo at support@ozlosleep.com or via mail at 44 Bearfoot Rd Suite 200, Northborough, MA 01532.