This Purchase Agreement (“Agreement”) is between THE LUVLINE, LLC (the “Company”) and the customer purchasing a LUVFall from the Company online (the “customer”). Through transacting the purchase of a LuvFall from the Company through the use of this website, the customer agrees to the terms and conditions of this Agreement. The Company’s acknowledges and agrees to the terms of this Agreement regardless of whether it is signed. The Company and the customer are referred to herein as the “parties”.
· Limited Warranty. The Company provides a six-month limited warranty to the customer from the date of purchase of a LUVFall directly from the Company (the “Warranty Period”) through this website – covering substantial manufacturing defects in materials and workmanship of the purchased LUVFall as determined by the Company in its sole and absolute discretion (a “Covered Claim”). This limited warranty right is not assignable. Notwithstanding the above, the Company’s limited warranty does not cover damage resulting from any and all negligence, accidents, misuse, abuse, unauthorized modifications, or normal wear and tear – as determined in the Company’s sole discretion. The Company’s limited warranty also does not include alterations to the LUVFall, damages due to changes in color or texture (regardless of whether the damages are a result of time), improper washing, improper styling – as determined in the Company’s sole discretion. The Company reserves the right to assess, verify and determine the validity of each claim in the Company’s sole and absolute discretion. The customer agrees that all decisions of the Company shall be final and binding on the customer. A customer is responsible, at the customer’s sole cost and expense, for making a timely warranty claim with the Company during the Warranty Period by delivering to the Company, either physically or through a commercial delivery service with a tracking number (at the customer’s sole cost and expense): a) proof of purchase of the LUVFall by the customer, b) a detailed description of the issue to the Company, and c) the actual purchased LUVFall. Any warranty claim without all of these three items will be rejected for being incomplete and does not constitute a timely filed warranty claim during the Warranty Period. All risk of loss or damage to the LUVFall in the delivery, evaluation, and/or return to the customer by the Company, is the customer's responsability. If the Company determines that a customer’s LUVFall has a Covered Claim which has been timely presented to the Company during the Warranty Period, then the Company will in its sole discretion either repair or replace the defective LUVFall, which customer agrees is customer’s sole and exclusive remedy and relief against the Company – in no event shall the Company be responsible for any consequential or incidental damages suffered by customer, all of which shall be borne solely and exclusive by the customer. If the Company believes in its sole and absolute discretion that the customer does not have a Covered Claim, the Company shall deliver the LUVFall back to the customer at the customer’s own cost and expense, in the most economical manner, and any such risk of loss or damage to the LUVFall shall be the responsibility of the customer and not the Company. However, where the customer requests special packaging or shipping, any additional cost will be billed to and be the responsibility of the customer.
· This agreement is governed by the laws of the State of Florida. This agreement sets forth the entire agreement and understandings of the customer purchasing the LUVFall and the Company hereto with respect to the matters set forth herein and the transaction. This agreement supersedes and nullifies all other agreements made between the parties hereto.
· If any provision, or part of a provision, of this agreement is held to be invalid or unenforceable under any applicable law, then the parties shall use all commercially reasonable efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by applicable law, achieves the purposes intended under the original provision and to allow the parties to have the intended benefit of their bargain. If it cannot be so reformed, it shall be omitted. The balance of this agreement shall remain valid and unchanged and in full force and effect.
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