Effective date: 27 April 2018
This Limited Warranty applies if You purchased Your Essential Products, Inc., VAT# (“EP”) device and/or accessories (collectively the “Product”) in France. “You” or “Your” means the original purchaser of the Product (from EP or an authorized reseller) and/or original end-user of the Product.
Before using Your Product, please read this Limited Warranty carefully to understand Your rights and obligations. If You do not accept this warranty, do not use Your Product. Return it unused for a refund. For more information, please see the Returns & Refunds Policy. EP is under a legal obligation to ensure that the Product complies with applicable consumer protection legislation. Nothing in this Limited Warranty will affect your statutory rights as a consumer as further set out below.
Additionally, some residents of certain Member States may have additional terms and provisions that apply in addition to the remainder of these Terms (“Additional Provisions”). In the event of any conflict between the remainder of these Terms and the Additional Provisions, the Additional Provisions will supersede and prevail.
EP warrants that a new Product (including accessories packaged with it) will be free from defects in materials and workmanship under normal use in accordance with EP’s manual and user documentation for the period set forth in the following table (defined as, “Limited Warranty Period”):
| Product Type | Limited Warranty Period |
|---|---|
| Essential Phone | One (1) year from the date of purchase by You |
| Essential 360 Camera | One (1) year from the date of purchase by You |
| All other items sold or manufactured by EP, including but not limited to, Audio Adapter, Fast Charger, Earphones Mini, Earphones HD, 360 Case, but not including Third Party Products | Ninety (90) days from the date of purchase by You |
For refurbished Products, EP warrants that such Products will be free from defects in materials and workmanship under normal use in accordance with EP’s manual and user documentation for ninety (90) days from the date of retail purchase. Collectively, the above warranties are EP’s “Limited Warranty.”
This Limited Warranty is available to You and is only valid and enforceable in the specified countries where the Product is sold and applies only if Your Product was purchased from EP or an authorized reseller. This Limited Warranty only applies to hardware components and does not apply to software elements of the Product.
The Limited Warranty does not apply to the following: (a) ordinary wear and tear; (b) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress; (c) scratches, dents, and cosmetic damage; (d) defects or damage resulting from excessive force; (e) equipment that has the serial number removed, defaced, damaged, altered, or made illegible; (f) defects or damage resulting from the use of the Product in conjunction or connection with accessories or equipment not approved by EP; (g) defects or damage resulting from testing, operation, installation, alteration, adjustment, disassembly not approved by EP, including but not limited to, installation of unauthorized software and unauthorized root access (including jailbreaking); (h) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to nature or weather conditions (including extreme thermal or environmental conditions), theft, blown fuse, or improper use of any electrical source; (i) defects or damage resulting from cellular signal reception or transmission, or viruses or other software problems introduced into the Product; or (j) Products purchased outside of the European Union.
Additionally, EP does not represent or warrant that (a) the functions contained in the Product will be accurate or meet Your requirements; (b) the operation of the Product will be secure, uninterrupted, error-free or virus-free; or (c) any defects with the Product will be corrected other than as described in this Limited Warranty.
If a defect arises and You return Your Product during the Limited Warranty period, EP will in its sole discretion and to the extent permitted by law either repair Your Product using new or refurbished parts, replace Your Product with a new or refurbished Product at least functionally equivalent to the original Product, or accept the return of the Product in exchange for a refund of the price paid for the Product. If EP repairs or replaces the Product, the repaired or replaced Product will continue to be warranted for the remaining time of the original warranty period.
Please backup and remove all personal data from the Product before returning it to EP. All returned parts for which You have received a replacement will become the property of EP. Nothing in this Limited Warranty will reduce or otherwise affect Your statutory rights in relation to the Product.
To make a claim under the Limited Warranty, submit a request via Support. You must provide Your name, contact information, and the IMEI number of the Product which can be found on the packaging or in the SIM tray. You will also need to provide a purchase receipt.
The Limited Warranty written above is the only express warranty EP provides for the Product, and the above remedy is Your sole remedy. No oral or written information, guidelines or advice given by EP will create a warranty. EP limits the duration and remedies of 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 duration of this Limited Warranty. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or limitations on how long an implied warranty lasts, so some or all of the disclaimers and limitations in this Limited Warranty may not apply to You.
Notwithstanding the foregoing, nothing in this Limited Warranty will reduce or eliminate any of your statutory warranties in the country of your residence as listed below, which apply notwithstanding anything to the contrary in the Limited Warranty.
The Limited Warranty written above does not affect your right to benefit from French legal warranties of hidden defects as defined under articles 1641 to 1648 of the French Civil Code and from the legal warranty of conformity as defined by the French Consumer Code.
As provided by article L. 217-15 of the French Consumer Code articles L.217-4, L.217-5, L.217-12 and L.217-16 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code are reproduced below:
« Code de la Consommation – Article L.217-4 : Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité.
Code de la Consommation – Article L.217-5 : Le bien est conforme au contrat :
1° S'il est propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant :
2° Ou s'il présente les caractéristiques définies d'un commun accord par les parties ou est propre à tout usage spécial recherché par l'acheteur, porté à la connaissance du vendeur et que ce dernier a accepté.
Code de la consommation – Article L217-12 : L'action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien.
Code de la consommation – Article L217-16 : Lorsque l'acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l'acquisition ou de la réparation d'un bien meuble, une remise en état couverte par la garantie, toute période d'immobilisation d'au moins sept jours vient s'ajouter à la durée de la garantie qui restait à courir.
Cette période court à compter de la demande d'intervention de l'acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d'intervention.
Code Civil – Article 1641 : Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage que l'acheteur ne l'aurait pas acquise, ou n'en aurait donné qu'un moindre prix, s'il les avait connus.
Code Civil – Article 1648 alinéa 1er : L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur dans un délai de deux ans à compter de la découverte du vice. »
The limitations of liability set forth in this section are subject to contrary mandatory provisions of applicable law and will not limit or exclude liability for personal injury or property damage directly and proximately caused by the Product You purchase or receive from EP or for EP’s fraud, gross negligence, or intentional, willful, malicious, or reckless misconduct.
EP is responsible for loss or damage You suffer that is a foreseeable result of its breach of this Limited Warranty or its negligence, but EP is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of EP’s breach or if it was contemplated by You and EP at the time that the contract for sale of the Product between You and EP became binding. However, in no event will the aggregate liability of EP and our affiliates, subsidiaries, agents, partners, licensors, suppliers, and assigns, and our and their directors, officers, employees, consultants, and other representatives (together with EP, the “EP Parties”) under this Limited Warranty exceed the amount You paid EP for such Product.
Notwithstanding the foregoing, nothing in this Limited Warranty will reduce or eliminate any of your statutory rights in the country of your residence as listed below, which apply notwithstanding anything to the contrary in the Limited Warranty.
You expressly understand and agree that, to the maximum extent permitted by applicable law, the EP Parties will not be liable to You under any theory of liability (whether contract, tort (including negligence), breach or failure of any warranty or otherwise) for any indirect, incidental, consequential, economic, or special damages (including, but not limited to, damages for expenses or business interruption, property damage, attorneys’ fees, or loss of use, data, revenue, income, profits, or value of assets or securities), even if an EP Party has been advised of the possibility of such damages that may be incurred by You in connection with the Product or this Limited Warranty.
Some jurisdictions do not allow the limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. This Limited Warranty gives You specific legal rights, and You may also have other rights that vary from region to region.
Unless there are mandatory legal provisions to the contrary, EP may not be held responsible for the harmful consequences resulting from the following cases:
No employee or representative of the EP Parties or any third party is authorized to make any modification, extension, or addition to this Limited Warranty whether by course of conduct or otherwise.
If any provision or part of a provision of this Limited Warranty is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Limited Warranty and does not affect the validity and enforceability of any remaining provisions.
The laws of the State of California, without reference to its choice of laws principles, will govern this Limited Warranty. However, You will benefit from any mandatory provisions of the law of the member state in which You are a resident. Nothing in this Limited Warranty affects Your rights as a European consumer to rely on mandatory provisions of the member state in which You reside.
With the exception of disputes in small claims court or in arbitration, You and EP consent to jurisdiction and venue in the state or federal courts located in Santa Clara County, California, for any claims arising out of a dispute relating to this Limited Warranty. You are also allowed to bring legal proceedings in respect of this Limited Warranty in the courts of the European Union member state in which You reside.
The European Commission also provides consumers with an online dispute settlement platform accessible at http://ec.europa.eu/consumers/odr/.
This Limited Warranty is given by Essential Products, Inc., a Delaware corporation whose principal place of business is at 380 Portage Avenue, Palo Alto, CA, 94306, United States. You can contact Support or reach us at 1-888-444-2222.