SMOMAR™ Infrared Sauna Blanket
One (1) Year Limited Warranty
Updated August 01, 2020
IMPORTANT: BY USING YOUR SMOMAR INFRARED SAUNA BLANKET YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE SMOMAR ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN SMOMAR'S RETURN POLICY FOR A REFUND.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, SMOMAR DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. SMOMAR DISCLAIMS 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 EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, SMOMAR LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT SMOMAR’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
SMOMAR LLC (“SMOMAR”) warrants the SMOMAR's branded Infrared Sauna Blanket and the SMOMAR's branded accessories contained in the original packaging (“SMOMAR Infrared Sauna Blanket”) against defects in materials and workmanship when used normally in accordance with SMOMAR's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). SMOMAR’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-SMOMAR branded products, even if packaged or sold with SMOMAR-branded products. SMOMAR does not warrant that the operation of the SMOMAR Infrared Sauna Blanket will be uninterrupted or error-free. SMOMAR is not responsible for damage arising from failure to follow instructions relating to the SMOMAR Infrared Sauna Blanket’s use.
This Warranty does not apply: (a) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, cords or controllers, unless failure has occurred due to a defect in materials or workmanship; (b) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (c) to damage caused by operating the SMOMAR Infrared Sauna Blanket outside SMOMAR’s published guidelines; (d) to damage caused by service performed by anyone who is not a representative of SMOMAR; (e) to a SMOMAR Infrared Sauna Blanket that has been modified to alter functionality or capability without the written permission of SMOMAR; (f) to defects caused by normal wear and tear or otherwise due to the normal aging of the SMOMAR Infrared Sauna Blanket; or (g) if SMOMAR receives information from relevant public authorities that the product has been stolen, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).
Before receiving warranty service, SMOMAR or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow SMOMAR's procedures for obtaining warranty service.
Following warranty service your SMOMAR Infrared Sauna Blanket or a replacement item will be returned to you, subject to applicable product model updates and availability.
Important: Do not attempt to repair the SMOMAR Infrared Sauna Blanket, the Controller or any other aspect of the SMOMAR product. Attempting to repair the SMOMAR product is dangerous and may cause damage that is not covered by this Warranty. Only SMOMAR should perform service on the product.
NO COMMERCIAL USE
All SMOMAR-branded consumer products including Infrared Sauna Blankets, are designed and intended only for home use. SMOMAR-branded consumer products are not intended to be used in any commercial or institutional setting or application. These include but are not limited to: commercial gyms, commercial spas, wellness centers, chiropractor offices, physician offices, any other medical facilities, churches, police/fire departments, government agencies, apartment/retirement/condominium communities, hotels, cruise ships, schools or universities
Using any SMOMAR-branded product in a commercial or institutional setting will void the product's warranty and may open the owner of the property to unnecessary risks.
WHAT WILL SMOMAR DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to SMOMAR in accordance with this warranty, SMOMAR will, at its option:
- repair the SMOMAR Infrared Sauna Blanket using new or previously used parts that are equivalent to new in performance and reliability,
- Replace the Controller,
- replace the SMOMAR Infrared Sauna Blanket with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
- exchange the SMOMAR Infrared Sauna Blanket for a new item.
HOW TO OBTAIN WARRANTY SERVICE?
You must contact SMOMAR via e-mail at email@example.com in order to seek warranty service. A SMOMAR representative will help determine whether your SMOMAR Infrared Sauna Blanket requires service and, if it does, will inform you how SMOMAR will provide it.
WARRANTY SERVICE OPTIONS
SMOMAR will provide warranty service through mail-in service. If SMOMAR determines that your SMOMAR Infrared Sauna Blanket is eligible for mail-in service, SMOMAR will send you prepaid waybills and instructions on how to properly pack and address your SMOMAR Infrared Sauna Blanket, so that you may ship your SMOMAR Infrared Sauna Blanket to SMOMAR. Instructions will be sent to you via email. Once service is complete, SMOMAR will return the product to you. SMOMAR will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the SMOMAR Infrared Sauna Blanket are followed.
SMOMAR reserves the right to change the method by which SMOMAR may provide warranty service to you, and your SMOMAR Infrared Sauna Blanket’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the SMOMAR Infrared Sauna Blanket cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, SMOMAR may repair or replace the SMOMAR Infrared Sauna Blanket and parts with comparable products and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMOMAR IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No SMOMAR reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the SMOMAR Infrared Sauna Blanket purchase took place. SMOMAR or its successor in title is the warrantor under this Warranty.