Limited Product Warranty Statement
Last revised: November 1, 2022
Nimble Beauty Inc. (the "Nimble", "we", or "us") provides its customers who purchased a Personal Smart Home Manicure Device (the "Device") with this express limited warranty with regards to the Device, subject to the terms and conditions detailed below.
1. LIMITED WARRANTY
1.1. Subject to applicable consumer laws, and to the extent permitted by such laws, Nimble hereby warrants that, during the Limited Warranty Period (as defined below), the Devices are free from defects in materials and workmanship, and that Nimble will repair or replace, at its sole discretion and option, and for no additional charge, any Device that manifests a defect in materials or workmanship (the "Limited Warranty").
1.2. The Limited Warranty shall become effective on the date of the original purchase of the Device by the first end-user thereof, and shall remain in effect for twelve (12) months thereafter, or for the period prescribed by the consumer law applicable to you, whichever is longer (collectively, the “Limited Warranty Period”). Claims of defect brought after the Limited Warranty Period will not be covered by the Limited Warranty. Please note that you are solely responsible for retaining the Device’s proof of purchase, which you shall be required to present to us, as a pre-condition for exercising your rights under the Limited Warranty.
1.3. The Limited Warranty shall only apply to the extent that you provide Nimble with notice of a defect in your Device, during the Limited Warranty Period. Your notice must describe the defect in reasonable detail. The repair or replacement of any Device under the Limited Warranty will not extend the Limited Warranty for such Device beyond the original Limited Warranty Period.
1.4. Following the Limited Warranty Period and for any defect, or with respect to damages resulting from circumstances which are excluded from the Limited Warranty, Nimble may, but is not obligated to, provide certain repair services, at its discretion, and you may be charged for such repairing or replacing of the Device, or parts thereof, in accordance with Nimble’s standard rates in effect at the relevant time. Any parts of the Device which are removed and replaced will become the property of Nimble.
2.1. This Limited Warranty applies only to Devices which are used in accordance with their instructions and documentation and solely for personal, family or household purposes.
2.2. This Limited Warranty does not apply to any damage or defect resulting from: (i) accident, misuse, abuse, neglect, abnormal physical or electrical stress, abnormal environmental conditions, contamination, liquid spills, acts of God, improper maintenance, improper storage, handling, shipping or installation, or any unauthorized and/or outdoor and/or commercial use, or other external causes; (ii) disasters such as fire, flood, lightning or improper electric current; (iii) repair, maintenance or alteration of the Device by anyone other than Nimble or its authorized third parties, or by not carrying out the recommended appliance maintenance; (iv) use of Device for anything other than normal domestic household purposes and use of the Device for purposes other than those for which it was designed; (v) the combination of the Device with parts, equipment or software not authorized or provided by Nimble or otherwise approved by Nimble in accordance with the Device’s documentation or outside the usage parameters stated in the user documentation that shipped with the Device; (vi) any use of the device with non-authorized capsules, and/or use of Nimble Capsules not in accordance with their instructions; and/or (vii) use of the Device by minors under the age of sixteen (16); persons with injuries or illnesses that would constitute a medical issue with such person’s hands, nails, or skin, or sensitivity to any pressure or nail polish; or by persons with reduced physical, sensory, or mental capabilities, or lack of experience and knowledge, if any of the foregoing types of persons are not under the supervision or instruction of a capable adult and unless such persons have previously consulted with their physician before use of the Device. In addition, this Limited Warranty does not apply to: (a) use of the Device other than in accordance with the documentation/instructions; (b) Devices from which the serial number has been removed or that it has been damaged; (c) software and mobile applications; (d) loss or damage in transit; (e) expendable or consumable parts, including Nimble Capsules (as defined below); (f) non Nimble-branded products and accessories; (g) normal wear and tear; and/or (h) Devices for which Nimble has not received payment or purchases of Devices from unauthorized dealers or sellers.
2.4. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE LIMITED WARRANTY SHALL APPLY ONLY WHEN THE DEVICE IS LOCATED WITHIN THE COUNTRY IN WHICH NIMBLE ORIGINALLY SOLD THE DEVICE, AS REFLECTED IN THE PURCHASE DOCUMENTS, AND MAY ONLY BE EXERCISED IN SUCH COUNTRY.
3.1. In order to exercise your rights under this Limited Warranty, you must contact Nimble's customer support via the communication means detailed at the bottom of this Statement. Please note that any communication regarding Limited Warranty must be accompanied by the order number, the Device's serial number or the original invoice for the Device’s purchase, and a description of the defect in reasonable detail. We will not provide any Limited Warranty service without one of such details.
3.2. Our support team will instruct you on the manner of repairing or replacing a defective Device. To the extent that you are instructed to send the Device by mail or courier, you must send the Device in either its original packaging or a similar package affording an equal degree of protection. If Nimble determines that the Device is eligible for repair or replacement under this Limited Warranty, it shall bear the costs of shipping and handling fees associated with returning the Device under this Limited Warranty to you. Nimble shall use commercially reasonable efforts to deliver the Device within a specified timeframe. Notwithstanding the aforesaid, any delivery date is estimated and not guaranteed. You hereby acknowledge and agree that Nimble shall not be liable for any delays in delivery of the Device nor for any loss, expense, consequential or any other damages suffered by you by reason of such delay. In repairing or replacing a defective Device, if identical materials are not available at the time of repair or replacement, Nimble may, at its option, substitute materials of comparable quality or refund buyer’s money.
4. DISCLAIMERS AND LIMITATION OF LIABILITY
4.1. OTHER THAN AS EXPLICITLY STATED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIMBLE, INCLUDING ITS VENDORS, OFFICERS, AFFILIATES, SUBSIDIARIES, AGENTS AND SUPPLIERS (COLLECTIVELY, "COMPANY'S REPRESENTATIVES"), EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND ALL CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, NON-INTERFERENCE, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT SUCH WARRANTIES AND CONDITIONS CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, NIMBLE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES AND CONDITIONS TO THE EXPRESS LIMITED WARRANTY HEREUNDER. NO WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. THIRD-PARTY PRODUCTS ARE EXPRESSLY EXCLUDED FROM THE BELOW LIMITED WARRANTY, AND ARE SUBJECT ONLY TO THOSE WARRANTIES EXTENDED BY THE APPLICABLE THIRD PARTY MANUFACTURERS OF SUCH PRODUCTS, IF ANY. NIMBLE PERSONNEL, SUPPLIERS, AND LICENSEES ARE NOT AUTHORIZED TO ALTER THE LIMITED WARRANTY.
4.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (A) NIMBLE AND THE COMPANY’S REPRESENTATIVES SHALL NOT BE LIABLE, UNDER ALL THEORIES OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED TO ANY USE OF OR INABILITY TO USE THE DEVICE, AND/OR FOR LOST PROFITS, WORK STOPPAGE, SAVINGS, OR REVENUES OF ANY KIND, EVEN IF NIMBLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE OBLIGATION AND LIABILITY FOR USE OF THE DEVICE, AND IN NO EVENT SHALL NIMBLE AND THE COMPANY'S REPRESENTATIVES’ TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE DEVICE FROM ALL CLAIMS OR CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY (NOT ATTRIBUTABLE TO PERSONAL INJURIES), EXCEED THE ACTUAL AMOUNT PAID BY YOU TO NIMBLE FOR THE DEVICE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
4.3. SOME STATES, PROVINCES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG WARRANTIES OR CONDITIONS LAST, OR ON EXCLUSION OR LIMITATION OF DAMAGES, SO THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
5. CUSTOMER SUPPORT
For any information regarding the Limited Warranty please contact Nimble's Customer Service: