60 DAY MONEY BACK GUARANTEE AND LIMITED WARRANTY

 

60 DAY MONEY BACK GUARANTEE

Under the ZENZOI 60 Day Money Back Guarantee (the “Money Back Guarantee”), Chizoi LLC d/b/a ZENZOI (“ZENZOI”) agrees, subject to the limitations and disclaimers described below, to reimburse the original retail purchaser (the “Buyer”) a full refund of the purchase price paid by the Buyer (less any discounts, coupons, or other deductions from the purchase price) for the applicable ZENZOI product (the “Products”) for a period of sixty (60) days. In order to receive a refund under the Money Back Guarantee, (i) Buyer must submit a claim for reimbursement and return the Products within the sixty (60) day period commencing on the date Buyer purchased the Product and (ii) the returned Product must not be, in ZENZOI’s sole and reasonable discretion, damaged (unless the Product was damaged when received by Buyer) or otherwise subject to misuse, mishandling, abuse, willful misconduct, or negligence. If ZENZOI receives a Product that does not qualify for the Money Back Guarantee, ZENZOI agrees to ship the Product back to Buyer.

IF BUYER SUBMITS A CLAIM UNDER THE MONEY BACK GUARANTEE AND RECEIVES A REFUND IN ACCORDANCE WITH THE MONEY BACK GUARANTEE, BUYER AGREES THAT BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST ZENZOI WILL BE THE AMOUNT REFUNDED FOR THE APPLICABLE PRODUCT AND BUYER WAIVES AND RELEASES ZENZOI, ITS OWNER, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, LOSSES, ACTIONS, CAUSES OF ACTION, EXPENSES, AND DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL DIRECT, ACTUAL, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF, RELATED TO, OR OTHERWISE IN CONNECTION WITH THE APPLICABLE PRODUCTS REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE BY ZENZOI OR ZENZOI WAS ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. Some states do not allow the exclusion or limitation of incidental and consequential damages, so the above exclusion and limitation may not apply to you.

The terms and conditions of this Money Back Guarantee are subject to applicable law. If there is any provision of this Money Back Guarantee that is not enforceable under applicable law, (i) such provision will be modified to make it enforceable under applicable law and (ii) the remainder of this Money Back Guarantee will remain in full force and effect.

The Money Back Guarantee is governed by, and all questions concerning the meaning or applicability of this Money Back Guarantee will be decided under, the laws of the Commonwealth of Virginia without reference to its choice of law rules. Subject to applicable law, Buyer agrees that any legal action brought against ZENZOI related to the Money Back Guarantee will be heard in, and Buyer agrees to the sole and exclusive jurisdiction of, the state and federal courts located in Tampa, Florida.

LIMITED WARRANTY

Subject to the limitations and disclaimers contained in this limited warranty (this “Warranty”), Chizoi, LLC d/b/a ZENZOI (“ZENZOI”) hereby warrants to the original retail purchaser (“Buyer”) that the ZENZOI’s products purchased by Buyer (collectively, the “Products”) will be free from defects in materials and workmanship for a ninety (90) day period commencing on the date Buyer purchased the Product (the “Warranty Period”). Subject to applicable law, this Warranty is (i) only available to Buyer and no third party, (ii) not transferrable or assignable by Buyer, and (iii) only enforceable by Buyer and in no event or circumstance will a third party have any right, title or interest to assert any rights under this Warranty.

Warranty Claims

If Buyer discovers a defect in the Products covered by the Warranty during the Warranty Period, Buyer must, within the Warranty Period, submit a claim to ZENZOI by filling out ZENZOI’s claim form found at www.zenzoi.com/. Buyer may also request a warranty claim form by contacting ZENZOI at (866)981-2335 or emailing ZENZOI at customercare@zenzoi.com

Remedies

If a Product does not meet the Warranty within the Warranty Period, ZENZOI will either (i) replace the Product with a new Product or (ii) if ZENZOI cannot replace the Product, refund Buyer the purchase price paid by Buyer for the Product (less any discounts, coupons, or other deductions from the purchase price).

THE ABOVE REMEDIES REPRESENT BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST ZENZOI UNDER THIS WARRANTY. IN NO EVENT WILL ZENZOI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DIRECT DAMAGES ASSOCIATED WITH THIS WARRANTY. Some states do not allow the exclusion or limitation of incidental and consequential damages, so the above exclusion and limitation may not apply to you. In no event will the obligations of ZENZOI under this Warranty exceed the purchase price of the specific Product which gives rise to the claim under this Warranty.

Exclusions and Disclaimer

In addition to the disclaimers set forth below, this Warranty does not apply to Products that are defective from, and the ZENZOI Warranty does not cover or otherwise extend to any losses or damages that ZENZOI finds, in its sole and reasonable opinion, is due to: (i) failure to follow any directions, user manuals and precautions provided by ZENZOI for the Products (ii) misuse, mishandling, misapplication, accident, abuse, willful misconduct, negligence (other than ZENZOI’s), normal wear and tear, abnormal use (including any use not originally specified by ZENZOI for the Products), modifications or alterations to the Products not approved in advance and in a writing signed by an authorized representative of ZENZOI; or (iii) accidental damage or damages caused by Buyer, its invitees or agents (including children), or acts of God.

THIS WARRANTY IS THE ONLY WARRANTY PROVIDED BY ZENZOI FOR THE PRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ALL OF WHICH ARE HEREBY DISCLAIMED. IN THE EVENT IMPLIED WARRANTIES ARISE UNDER APPLICABLE CONSUMER PRODUCT WARRANTY LAWS AND CANNOT BE LAWFULLY DISCLAIMED, SUCH WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS AND THIS WARRANTY WILL NOT EXTEND THE TIME PERIOD OF ANY SUCH IMPLIED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. No other warranty has been made or will be made on behalf of ZENZOI for the Product. No third party, including any employee or agent of ZENZOI, is authorized to make any representation or promise of warranty (whether express or implied) concerning the Product on behalf of ZENZOI. This Warranty cannot be changed except in a signed writing by an authorized representative of ZENZOI. This Warranty provides specific rights. You may have other rights that vary from state to state.

The terms and conditions of this Warranty are subject to applicable law. If there is any provision of this Warranty that is not enforceable under applicable law, (i) such provision will be modified to make it enforceable under applicable law and (ii) the remainder of this Warranty will remain in full force and effect.

Governing Law and Jurisdiction

This Warranty is governed by, and all questions concerning the meaning or applicability of this Warranty will be decided under, the laws of the State of Florida without reference to its choice of law rules. Subject to applicable law, Buyer agrees that any legal action brought against ZENZOI related to this Warranty will be heard in, and Buyer agrees to the sole and exclusive jurisdiction of, the state and federal courts located in Tampa, Florida.