ThirdEye Gen, Inc.
Returns, Warranty, and Liabilities information for ThirdEye Gen, Inc (referenced as “ThirdEye”) for its Augmented Reality Smart Glass and related accessories (referenced as “Product”).
If you are unsatisfied with your Product purchase from ThirdEye you have 30 days from the date of purchase to request a full refund. You may return any Product (as defined below) purchased on www.thirdeyegen.com.com in accordance with the terms below.
To qualify for a refund, all the following conditions must be met:
- A return authorization number must be requested from our customer service team within 30 days of your purchase date. To request a return authorization, please contact firstname.lastname@example.org.
- You must return the Product to ThirdEye to receive a refund. Returned Product(s) must be in good physical condition (not physically broken or damaged). All accessories originally included with your purchase must be included with your return.
- The return authorization number must be included along with your returned product. As may be required by applicable law, ThirdEye may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and ThirdEye will not be responsible for any such loss. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by ThirdEye.
Additional terms and conditions:
- Shipping and handling charges, gift wrap fees, and taxes paid (such as state, customs, or value added tax) are not refundable.
- You are responsible for and must prepay all shipping charges and you assume the risk of loss or damage to the returned Product(s) while in transit back to ThirdEye.
- If you return Product to ThirdEye (a) without a return authorization number from ThirdEye or (b) without all parts and accessories originally included with your purchase, ThirdEye retains the right to refuse acceptance of such return.
If such a defect arises and a return authorization request is received within the applicable Limited Product Warranty Period, ThirdEye will, at its option and to the extent permitted by law, either
(1) repair the Product at no charge, using new or refurbished replacement parts or
(2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by ThirdEye itself or through its authorized reseller or agent. To obtain additional warranty service, please contact email@example.com.
Exclusions and Limitations
This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from an authorized reseller or sales channel and manufactured by or for ThirdEye that can be identified by an authorized “ThirdEye” trademark, trade name, or logo affixed to it. Without limiting the foregoing, the Limited Product Warranty does not apply to any
(a) ThirdEye products and services other than the Products,
(b) non-ThirdEye products, even if included or sold with a Product, including, without limitation, any counterfeit products,
(c) products that are, or ThirdEye reasonably believes to be, stolen,
(d) consumables (such as batteries), or
(e) software, even if packaged or sold with the Product or embedded in the Product. This Limited Product Warranty does not apply to products with the “Made for ThirdEye” or “Works with ThirdEye” logos or non-authorized accessories. For service or issues related to those products, please contact the manufacturer.
This warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by ThirdEye, nor does it apply to any cosmetic damage such as scratches and dents. In addition, this Limited Product Warranty does not apply to damage or defects caused by
(a) use with non-ThirdEye products;
(b) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes;
(c) normal wear and tear or aging of the Product such as discoloration; or
(d) operating the Product
(ii) not in accordance with instructions provided by ThirdEye, or
(iii) with improper voltage or power supply.
No ThirdEye reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED PRODUCT WARRANTY.
In no event will ThirdEye assume any responsibility for any damages that result from your access to, use of, or inability to use the ThirdEye website or from your downloading of any materials from the site. Your use of the site is at your risk. Neither ThirdEye nor its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out or your access to, or use of, the site. In no event shall ThirdEye’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Buyer acknowledges and agrees that the use of the Products other than in accordance with ThirdEye’s operating instructions can involve substantial risk of property damage or personal injury, up to and including death of the user or of third parties. Buyer assumes all liability for all such property damage or personal injury. Buyer agrees to and does hereby indemnify and hold harmless ThirdEye from and against any and all claims, loss, cost and liability, including without limitation attorneys’ fees, arising from any such property damage or personal injury or from any third party claim respecting any such property damage or personal injury. In no event shall ThirdEye, subsidiary or affiliated company, or any of its shareholders, directors, officers, employees, or agents be liable for any special, indirect, incidental or consequential loss or damages including tort or negligence.
Buyer acknowledges the inherent risks in the use of this product and shall avoid using this product while driving motor vehicles or operating heavy machinery unless specifically and exclusively using software designed for these applications. DO NOT WEAR SMART GLASS WHEN UNOBSTRUCTED VIEW IS NECESSARY FOR SAFETY.
Controlling and Governing Law
The validity of the returns, warranty, and liabilities of this Product and any disputes between the parties or as to any matters related to but not covered here, shall be governed by the laws, without regard to the laws as to choice or conflict of laws, of the State of New Jersey. Such dispute shall be brought and jurisdiction and venue shall be proper only in a State or Federal District Court in Trenton, NJ.