Warranty Agreement Terms & Conditions
1. DEFINITIONS: “Merchandise” shall mean the Merchandise identified on Your sales receipt as covered by the Warranty Agreement. “Agreement” means this Extended Service Agreement. “Agreement Price” means the purchase price for the Agreement as shown on Your sales receipt. “We”, “Us” and “Our” means Luna. We are the party obligated to provide services to You under the Agreement. “You” or “Your” means the original customer who purchased the Merchandise, including the original receiver of the Merchandise, in the case of a gift, covered by the Agreement.
2. WHAT IS COVERED: The Agreement will provide repairs or replacement necessary to maintain Your jewellery under normal conditions. In consideration of Your payment of the Agreement Price, We will furnish labour and parts necessary to maintain the Merchandise in a usable and wearable condition, provided such service is necessitated by Merchandise wear and tear during normal usage of the Merchandise under the conditions for which it was designed.
The Agreement coverage includes, but is not limited to, the following services, subject to the other terms and conditions of the Agreement: Ring sizing, refinishing and polishing, chain soldering, resetting Your moissanite and gemstones. All Repairs shall be completed by Us or by such other repair centre of Our choice. Parts may be replaced with others, including non-original manufacturer’s parts, of like kind and quality. Select Merchandise design or materials may not allow for repair; however, that Merchandise may be eligible for a one-time replacement as outlined below. Any replacement Merchandise We provide You under this Agreement will be new Merchandise with equal or similar features and functionality, but not necessarily the same item, as the replaced Merchandise. Replacement Merchandise is not covered under this Agreement; however, a new Warranty Agreement may be purchased on the new item. Any engraving or custom work on the replaced Merchandise is not covered by this Agreement and must be re-done at Your expense. In order to obtain coverage under the Agreement, You must give Us the Merchandise to be serviced or replaced as described in Section 6 below.
3. What is not covered: this agreement only covers product failure due to a manufacturing defect and does not extend to damage due to causes beyond our control, including, but not limited to, damage caused by misuse, abuse, unauthorized repairs or alterations made by you to the covered merchandise or acts of god. Loss of the merchandise resulting from any cause, including, but not limited to, theft or mysterious disappearance is not covered under this agreement. If you purchase this agreement after you purchase the covered merchandise, this agreement does not cover pre-existing conditions in the covered merchandise that occurred after you purchased such merchandise and prior to the effective date of this agreement. If you purchase the agreement after you purchase the merchandise, the agreement does not cover pre-existing conditions in the merchandise that occurred after you purchased the merchandise and prior to the effective date of the agreement. The agreement does not replace, but supplements, any other warranties/guarantees applicable to the merchandise. You must and shall perform all maintenance on the merchandise required by any applicable underlying warranties/guarantees to maintain the merchandise in usable and wearable condition, as provided in said warranties/guarantees. Damage resulting from failure to comply with recommended services and/or maintenance under such warranties/guarantees is not covered by this agreement.
4. Limit of liability: our total liability under this agreement is the purchase price paid for the merchandise as shown on your sales receipt. In the event that the total value of all authorized services we provide under the agreement exceeds the purchase price of the merchandise, as shown on your sales receipt, or in the event of our replacement, we shall have satisfied all obligations owed under the agreement. In no event shall we be liable for any special, indirect, incidental or consequential damages, no matter what the cause, including delay in rendering service under this agreement, or loss of use during the period that the merchandise is being repaired or otherwise awaiting parts.
5. NO DEDUCTIBLE: You are not required to pay any deductible under the Agreement.
6. WHAT TO DO IF COVERED MERCHANDISE REQUIRES SERVICE: To obtain authorized service under the Agreement, the Merchandise must be taken to office and our affiliates. In all cases, You must give Us the Merchandise to be serviced. Upon Our replacement of the Merchandise (a “Replacement”), the replaced Merchandise shall become Our property. This requirement applies to all in-store and online purchases of the Agreement.
7. YOUR OBLIGATIONS: You must provide the care and maintenance of the Merchandise as described in Section 3 above. You must maintain possession of a paid receipt, which will serve as identification of Agreement purchase as well as identification of Merchandise covered.
8. TERM: The term of the Agreement shall commence from the date the Agreement is purchased (as shown on Your sales receipt) and shall continue until Our limit of liability, as stated in Section 4, has been satisfied or, upon Our replacement of any Merchandise, this Agreement shall automatically terminate with respect to such Merchandise. The Agreement is void if the Merchandise is used as a trade-in toward another item; however, a new Extended Service Agreement may be purchased on the new item. Items purchased via lease, as defined in Section 10, are not eligible for use as a trade-in or trade-up, until such time as You acquire ownership of said item.
9. CANCELLATION: Cancellation by You. You may cancel the Agreement for any reason at any time by visiting any of Our store locations and requesting cancellation.
If You request cancellation within thirty (30) days of the original purchase date of the Agreement (as shown on Your sales receipt) and no services have been provided to You under the Agreement, then the Agreement is void and You will receive a full refund of the Agreement Price.
If You request cancellation of the Agreement more than thirty (30) days after the original purchase date of the Agreement or after You have received services under the Agreement, then You will receive a prorated refund of the Agreement Price (based on an assumed duration of the Agreement, solely for cancellation purposes, of five (5) years), less the value of any Agreement services received.
A ten percent (10%) penalty per thirty (30) day period shall be added to any cancellation refund that is not paid or credited to You by Us within thirty (30) days after the date of cancellation.
Cancellation by Us. We may not cancel the Agreement except for non-payment, fraud, material misrepresentation by You. Notice of cancellation by Us will be sent to You at least thirty (30) days prior to cancellation, and will state the effective date and reason for cancellation. If We cancel the Agreement, You will receive a prorated refund of the Agreement Price (based on an assumed duration of the Agreement, solely for cancellation purposes, of five (5) years), less the value of any Agreement services received.
10. LIMITATION ON TRANSFER: This Agreement may not be transferred, and is only for the benefit of the original purchaser or gift recipient and all holders of this Agreement are subject to the terms and conditions contained herein.
11. FULL FAITH AND CREDIT: Our obligations under the Agreement are backed by Our full faith and credit. The Agreement is not guaranteed under a service contract reimbursement policy. The Agreement is not an insurance policy. The purchase of this Agreement is optional.
12. ENTIRE AGREEMENT: This document, and to the extent referenced in this document, Your sales receipt, set forth the entire agreement between parties with respect to the Agreement and no representation, promise or condition not contained herein shall modify these terms.