Terms of service
This Limited Warranty applies to all Engo Eyewear Glasses sold via any website whose domain ends in “engoeyewear.com”.
If you wish to make a claim under warranty, please submit a claim in our contact section: https://engoeyewear.com/pages/contact
(a) Scope and Period. Engo warrants to you that the Glasses will be free from defects in materials and workmanship under normal use for one (1) year from the original date of purchase (the “Warranty Period”). The foregoing limited warranty in this Agreement (the “Limited Warranty”) is not transferable by you. If the Glasses were purchased from Engo or an authorized seller online, the date of purchase is the date of the invoice that was issued by Engo or such authorized seller by email. If the Glasses were purchased from an authorized seller at a physical location, the date of purchase is the date of the invoice issued at the physical location. No Engo distributor, reseller, agent or employee is authorized to make any modification, extension or addition to this Limited Warranty. Proof of purchase required.
(b) Defects. In the event Engo determines that the Glasses are defective, Engo may: (i) repair the defective part of the Glasses free of charge with new or refurbished parts; (ii) replace the defective Glasses with new Glasses; or (iii) in the event that Engo is unable to repair or replace the Glasses as provided under (i) or (ii), refund the purchase price you paid for the Glasses.
(c) Replacement. Where the Glasses are repaired or replaced during the Warranty Period, except as otherwise prohibited by applicable laws, the warranty for the repaired or replaced Glasses, as applicable, will expire upon the expiration of the original Warranty Period. In order to receive warranty service or support under the Limited Warranty, you must first return the defective Glasses with free and clear title, to Engo or its authorized service provider (as directed by Engo). Where there has been a replacement of the Glasses, the replacement Glasses provided pursuant to the Limited warranty become your property and the defective Glasses being replaced becomes Engo’s property. Where there is a refund, you will return the defective Glasses to Engo and such Glasses become Engo’s property.
(d) Exclusions. The Limited Warranty does not apply:
- to normal wear and tear
- If the Glasses or any of the Glasses’ parts are opened, disassembled, or repaired by someone not authorized by Engo;
iii. if the Glasses were not purchased from Engo or its authorized sellers;
- to damages caused by misuse, proximity or exposure to heat, accident, abuse, neglect, misapplication, your failure to abide by the use, safety, and maintenance instructions contained in the packaging of the Glasses, including, without limitation, a failure to follow such instructions regarding use of the Glasses with any other equipment, peripherals, or accessories authorized by Engo to be used with the Glasses, or repairs or modifications made by anyone other than Engo or its authorized service providers
- To cosmetic or other physical damage (including scratches) to the surface or coating of the Glasses;
- To any Glasses where the serial number has been removed or that have been damaged or rendered defective as a result of misuse, abuse, contamination, improper or inadequate maintenance or calibration, or other external causes;
vii. to any equipment, products or merchandise (including without limitation accessories, replacement parts, apparel and third party products), other than the Glasses;
viii. to malfunction or defects resulting from the use of the Glasses in connection with accessories, Glasses, services or ancillary or peripheral equipment or improper voltage or power supply not expressly approved or provided by Engo, and where it is determined by Engo that such malfunction or defect is not the fault of the Glasses itself; and
- to any software, whether or not supplied by Engo.
Subject to applicable law, Engo does not warrant that the operation of the Glasses will be uninterrupted or error-free.
1.2. Returning the Glasses
In the event you return the Glasses to Engo outside of the Warranty Period, Engo’s standard repair terms and charges may apply. Where permitted by applicable law, Engo may limit the Limited Warranty to the country where Engo or its authorized seller sold the Glasses to you.
Please review the Glasses use, maintenance, and safety instructions contained in the packaging, as well as our instructional articles and other instructions online at engoeyewear.com. To return the glasses, see the procedure in the “Return Policy” section.
1.3. Data Recovery
You acknowledge and agree that Engo will not be responsible for any data, software, applications, or information that may be damaged, lost, or destroyed during the course of evaluating, repairing, or replacing the Glasses. The Limited Warranty also does not cover backup, recovery, and reinstallation of your data on the Glasses. You should backup all data and applications on your device before returning it.
1.4. Release, Waiver and Limitation of Liability
(a) YOU ACKNOWLEDGE AND AGREE THAT ENGO, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, RESELLERS, AND DISTRIBUTORS (COLLECTIVELY, “ENGO” IN THIS SECTION 6) WILL IN NO WAY BE LIABLE TO YOU FOR ANY GENERAL, PECUNIARY, NON-PECUNIARY, INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, LOSS OF OPPORTUNITY, AND DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS) ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GLASSES, EVEN IF SUCH PERSON/ENTITIES IS/ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
(b) WHERE PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE AND RELEASE ENGO OF ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY, INCLUDING DEATH, WHICH YOU OR YOUR NEXT OF KIN MAY SUFFER RESULTING FROM YOUR USE OF THE GLASSES DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE BY ENGO.
(c) IN NO EVENT SHALL ENGO’S LIABILITY UNDER THIS AGREEMENT TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE GLASSES THAT YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE GLASSES, WHICHEVER IS GREATER.
(d) THE LIMITATIONS OF LIABILITY SET OUT IN SECTIONS 6.(a), 6.(b) AND 6.(c) ABOVE ARE INTENDED TO APPLY AND DO APPLY TO ANY DAMAGES, LOSSES, OR LIABILITY OF ANY TYPE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF ENGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(e) THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 6 APPLY TO THE FULL EXTENT THEY ARE NOT PROHIBITED BY APPLICABLE LAW WITHOUT THE POSSIBILITY OF CONTRACTUAL WAIVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.