Bonefly Lifetime Limited Warranty
Your Bonefly product(s) are covered by a lifetime limited warranty. This limited warranty gives you specific guarantees for the products lifetime.
This limited warranty extends to silicone manufactured by Bonefly Holdings group. and purchased directly from Bonefly or Bonefly's authorized retailers. Some parts of this limited warranty also include metals attached to or separately (“bones”). Products have been created to be used for dogs ONLY. This Warranty does not cover your Bonefly products to be used in a manner incompatible with that intended design.
Scope of Warranty Extension
This limited warranty extends to the original purchaser of any Bonefly or, in the case of a gift, the original recipient of the product. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the product from Bonefly or an Bonefly authorized retailer. The “original recipient” for purposes of this warranty, is the first receiver of product purchased as a gift from Bonefly or an Bonefly authorized retailer. All Bonefly warranties, including any implied warranties, are valid only for the period of time the product is owned by the original purchaser/ recipient of the product. A COPY OF THE PURCHASE RECEIPT IS REQUIRED TO DETERMINE WARRANTY APPLICABILITY.
Bonefly limited warranties are not transferable.
C. Bonefly's Limited Warranty and Responsibilities
Bonefly warrants the products in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) forever, when the products is used normally for its intended purposes.
D. What this Lifetime Limited Warranty Covers
THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS FOR SILICONE AND (Other) PARTS COVERED BY WARRANTY:
- Cracks or tears in the silicone.
- Tarnishing of metals.
- Crystals falling from bones.
THIS LIMITED LIFETIME WARRANTY DOES NOT COVER THE FOLLOWING:
- “Cosmetic Damage” which is defined as scratches, bites, scuffs, stains, color changes, normal wear and tear, technological obsolescence, or other non-functional changes in the appearance of the product that occur during normal handling.
- Replacement of any non-defective pieces in the product (for example, if you purchase a collar with components such as (bones) and only one Bone pr Bone(s) is defective, then we will only replace the defective component).
- Any Bonefly product (whether manufactured by Bonefly or not) sold by resellers who are not authorized retailers.
- Products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
In the event of a Defect, Bonefly’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Bonefly's option, to provide repaired or replacement, subject to your fulfillment of “Your Responsibilities” below. Replacement product may be provided in a color different from the original product you originally purchased. For limited edition, discontinued or out-of-stock products covered under the limited warranty, Bonefly guarantees only replacement of a product with equal or greater retail value and does not guarantee exact replacement of the same limited edition, discontinued or out-of-stock item.
E. Your Responsibilities
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your product to Bonefly and provide Bonefly with proof of the original date of purchase. Should shipping costs be required to return your product, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth 3191 Coral Way, #105 Miami, FL 33145.
Bonefly will replace (as applicable) and ship your product back to you within 30 days of receiving your original product. You will not be responsible for any shipping costs associated with shipping replaced product.
Replaced product is subject to the same limited warranty as the original product.
F. Disclaimer, Limitation on Liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL BONEFLY OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF AWAY HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AWAY’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G1. In the event a dispute arises between you and Bonefly arising out of this Limited Warranty (“Dispute”), such Dispute will be determined and settled solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Away agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Limited Warranty, and that you and Bonefly are each waiving the right to a trial by jury or to participate in a class action.
G2. As limited exceptions to Section G1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
G3. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Limited Warranty. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
G4. YOU AND BONEFLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section shall be null and void.
H. Governing Law and Forum Choice
This Limited Warranty and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section G “Arbitration” the exclusive jurisdiction for all Disputes that you and Away are not required to arbitrate will be the state and federal courts located in the State of Florida, and you and Bonefly each waive any objection to jurisdiction and venue in such courts
Bonefly - 3191 Coral way, Miami, FL 33145