THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Shibumi Lifetime Limited Warranty
Shibumi Shade, Inc. (“Shibumi”) takes pride in the products we make and we warrant to the person who originally purchased the product (“you”) that Shibumi Products will be free from defects in workmanship and materials, subject to the below conditions and limitations. This lifetime limited warranty does not extend to any subsequent owner or other transferee of the Shibumi Products. This Warranty does not cover your Shibumi Products if you use it in a manner incompatible with that intended design. This limited warranty gives you specific legal rights, and you may also have other rights which vary by state, province, or country.
This limited warranty only applies to Shibumi Products purchased from our website, an authorized retailer, or Amazon.com. We require proof of purchase that includes the date of purchase to process any warranty claim.
Who Is Covered
This limited warranty extends to the original purchaser of any Shibumi Products or, in the case of a gift, the original recipient of the Shibumi Products. The “original purchaser” is the first purchaser of the Shibumi Products from Shibumi or a Shibumi authorized retailer. The “original recipient” is the first receiver of Shibumi Products purchased as a gift from Shibumi or a Shibumi authorized retailer. All Shibumi warranties, including any implied warranties, are valid only for the period of time the Products are owned by the original purchaser/recipient of the Shibumi Products. A COPY OF THE PURCHASE RECEIPT IS REQUIRED TO DETERMINE WARRANTY APPLICABILITY.
Shibumi limited warranties are not transferable and not applicable to use of the Products for commercial or rental purposes.
Shibumi's Lifetime Limited Warranty and Responsibilities
Shibumi warrants the Shibumi Products in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) forever, when the Products are used normally for its intended purposes.
THIS LIMITED LIFETIME WARRANTY DOES NOT COVER THE FOLLOWING:
-
“Cosmetic Damage” which is defined as scratches, dents, dings, 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 and use of Shibumi Products by any party and which do not impair the functionality of the product as beach gear.
-
Replacement of any non-defective pieces in the product (for example, if you purchase Shibumi Shade with multiple components and only one component is defective, then we will only replace the defective component).
-
Any Shibumi Products sold by resellers who are not authorized retailers.
-
Shibumi Products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “returned”, “previously owned”, or any other similar wording indicating that the Shibumi Product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
-
Products used in rental businesses or as an amenity in a rental unit.
In the event of a Defect, Shibumi’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Shibumi’s option, to provide repaired or replacement Shibumi Products, subject to your fulfillment of “What We Need From You” below. Replacement Shibumi Products may be provided in a color different from the Shibumi Products you originally purchased. For limited edition, discontinued or out-of-stock Shibumi Products covered under the limited warranty, Shibumi 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.
What We Need From You
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Shibumi Product to Shibumi and provide Shibumi with proof of the original date of purchase. Should shipping costs be required to return your Shibumi Product, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited warranty. Shibumi will repair or replace (as applicable) and ship your Shibumi Product back to you within 90 days of receiving your original Shibumi Product. You will not be responsible for any shipping costs associated with shipping replaced or repaired Products. Replaced or repaired Shibumi Product is subject to the same limited warranty as the original Shibumi Product.
Disclaimer, Limitation on Liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHIBUMI 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 SHIBUMI OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS OR ITS 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 SHIBUMI HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SHIBUMI’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE SHIBUMI 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.
Shibumi Contact Information
Shibumi Shade, Inc.
4039 Atlantic Avenue, Raleigh, NC 27604
shibumishade.com/pages/contact