HAPPIEST BABY, INC.
Updated 28 May 2020
We are Happiest Baby, Inc. (“HBI”, “us”, “we”, “our”), with registered address of 3115 South La Cienega Boulevard, Los Angeles, California 90016, which is also our main trading address and you (“you”), the original purchaser of SNOO (the “Product”). You can also contact us at email@example.com.
This document details the terms and conditions of your Limited Warranty on the Product. Some of the terms only apply if you are a German resident, and others if you are a French resident. We have specified this where applicable.
Your rights under this Limited Warranty are in addition to and separate from your statutory rights as a consumer, in particular:
- If you are a German resident: your statutory withdrawal rights (Sec. 9 B. of the Terms of Sale) and your withdrawal right (Sec. 8 of the Terms of Sale).
- If you are a French resident: your basic statutory rights in relation to any good non-conformity pursuant to article L. 217-4 and following of the Consumer Code and for any latent defects in relation to the goods pursuant to Articles 1641 and following of the Civil Code, as detailed below. This Limited Warranty is also in addition and without prejudice to your statutory withdrawal right (Sec. 9 of the Terms of Sale).
This Limited Warranty does not affect those statutory rights.
- LIMITED WARRANTY RIGHTS APPLY ONLY TO THE ORIGINAL PURCHASER AND IN THE EU
You are entitled to the Limited Warranty herein only as the original purchaser and user of the Product; which Product was purchased directly from HBI, or from one of its authorised resellers or distributors, in the EU and used within the EU by you.
- LIMITED WARRANTY
HBI warrants the Product against defects in materials and workmanship under normal, non-commercial, and reasonable use for which the Product was designed (used with your baby between birth and 6 months, or until baby can get on hands and knees; not to be used with babies weighing more than 12.5 kilos, or 25 lbs) for a period of twelve (12) months from the date of delivery of the Product (“Warranty Period”). If a Product is returned to us during the Warranty Period as provided below, and we determine that the Product is defective and none of the limitations and/or exclusions set out herein apply, HBI will, at its sole discretion either: (i) repair the Product, (ii) replace the Product or any defective components or parts with a new or refurbished Product, component or part, or (iii) refund the original purchase price in return for the Product (though we may make a reasonable deduction from this price for your use of the Product if the Product is returned after more than 6 months of the Warranty Period). If the Warranty Period has expired or is otherwise not applicable as per the Scope and Limitation on Warranty (below), we will return the Product back to you (except to the extent legally required otherwise, in particular if you have statutory rights that go beyond the scope of the Limited Warranty).
If you are a French resident, pursuant to article L. 217-16 of the French consumer code, when you ask HBI during the Warranty Period to repair the Product under the Limited Warranty terms, any immobilization period exceeding 7 days will be added to the length of the remaining Warranty Period. This period starts from your repair request or from the date where the Product is made available for repair, if this date is posterior to the repair request.
- RETURN AND WARRANTY SERVICE PROCESS
Please review the online resources at the 'Shipping and Returns' section at happiestbaby.eu before seeking service under this Limited Warranty. To obtain warranty service or to return a Product to us under this Limited Warranty, you must first obtain a Return Merchandise Authorization (RMA) number from a customer support representative at HBI. We may attempt to troubleshoot a Limited Warranty-related problem prior to issuing an RMA number. We may ask for additional information, such as proof-of-purchase, upon request. Issued RMA numbers are valid for ten days from issuance and once expired, a new RMA number must be obtained. Once an RMA number is obtained, your Product must be shipped using our shipment label at our expense, together with proof of purchase and all accessories, either its original packaging or packaging affording an equal degree of protection, to the HBI authorized distribution facility identified by our customer support representative. Any damage due to inadequate or improper packaging is your responsibility. Failure to return any of the accessories may result in a delay of refund payment or service.
- REPLACEMENT PARTS; HBI’S DETERMINATION OF PRODUCT STATUS
In performing service under this Limited Warranty, we may furnish same or equivalent replacement parts on an exchange basis in which case the replaced parts will become the property of HBI. Replacement parts provided by us will be new or refurbished and of comparable quality to the replaced part. Replacement parts may also be a different part that contains compatible features and functions. You will pay all shipping charges related to shipping back to you any Product that we determine not to be defective. Any replacement Product or part thereof will be warranted hereunder for a period of six (6) months from shipment, or until the original Warranty Period expires, whichever is longer.
- SCOPE OF AND LIMITATION OF WARRANTY
Our warranty obligations related to the Product under this Limited Warranty are limited to the repair or replacement of defective Products or parts thereof as described in the Limited Warranty section above. This Limited Warranty does not cover customer training and education, installation, set up or adjustment, signal or reception problems.
- THE PRODUCT IS NOT A MEDICAL DEVICE
The Product is not a medical device. HBI makes no warranty or representation that the use of the Product (with or without any third-party product or service) constitutes medical treatment. You understand and acknowledge that HBI’s Products or its associated services will not dispatch emergency authorities in the event of an emergency. Furthermore, HBI’s customer care or technical support contacts cannot be considered a medical resource. If you have an emergency or a medical concern, it is your responsibility to seek proper medical assistance.
- THE PRODUCT IS A CONSUMER PRODUCT
The Product is designed and intended for individual, consumer use in a residential home. Any other use, such as commercial, lending or leasing are not covered by this Limited Warranty.
- EXCLUSIONS FROM LIMITED WARRANTY
This Limited Warranty does not cover damage to the Product (i) due to force majeure events, such as, providing they meet the force majeure conditions, internet or power outages, power surges, fires, earthquakes, floods or other events of “force majeure,” (ii) due to your misuse, abuse, negligence, commercial use or modification of, or to any part of your Product; or (ii) caused by any third party product, service or system, use of the Product for purposes other than for which the Product was designed or intended, use in improper temperature, humidity or other environmental conditions, or use of the Product in breach of written instructions provided by HBI (which may be provided at the time of purchase or on its website at https://happiestbaby.eu.
In addition to the above, this Limited Warranty also excludes: (i) defects due to normal wear and tear or aging, including rips, scratches and cosmetic damage; (ii) damage due to improper repair, operation or maintenance or connections to improper voltage supply, or attempted repair by anyone other than a facility authorised by HBI to service your HBI Product; (iii) use of the Product for purposes other than for which the Product was designed or intended misuse of product contrary to written instructions provided by HBI (which may be provided at the time of purchase or on its website at https://happiestbaby.eu); (iv) specific Wi-Fi signal or reception problems, internet connectivity issues of your Wi-Fi router, or your smartphone and (v) any soft goods portion supplied with the Product, if any, such as sleep sacks, sheets and covers.
For clarity, these exclusions do not apply to your statutory rights, in particular:
- If you are a German resident: your statutory warranty rights (Sec. 8 of the Terms of Sale) and your withdrawal right (Sec. 9 B. of the Terms of Sale).
- If you are a French resident: your withdrawal rights (Sec. 9 of the Terms of Sale), your basic statutory rights in relation to any good non-conformity pursuant to article L. 217-4 and following of the Consumer Code and for any latent defects in relation to the goods pursuant to Articles 1641 and following of the Civil Code, as detailed below.
- YOUR STATUTORY WARRANTY RIGHTS – IF YOU ARE A FRENCH RESIDENT ONLY:
The Limited Warranty is in addition to, and does not affect, your basic statutory rights in relation to any good non-conformity pursuant to article L. 217-4 and following of the Consumer Code and for any latent defects in relation to the goods pursuant to Articles 1641 and following of the Civil Code, which are detailed below.
Pursuant to the terms and conditions contained in Articles L.217-4 and following of the Consumer Code, the seller delivers goods in conformity with the contract and is responsible for any good non-conformity that may exist at the time of delivery. The seller is also liable for any non-conformity that results from the packaging, the assembly instructions or the installation when this is set out as its responsibility in the contract or was carried out under its responsibility.
Pursuant to article L. 217-5 of the Consumer code, in order to comply with the contract, the good must:
- Be suitable for the use generally expected from such good and, if applicable:
(a) Correspond to the description given by the seller and possess the qualities that the latter presented to the purchaser in the form of a sample or a model;
(b) Present the qualities that a purchaser can legitimately expect in view of the public declarations made by the seller, the producer or its representative, in particular in the advertisement or on the labelling;
- Or present the characteristics defined as part of a common agreement by the parties or be suitable for any special use sought by the purchaser, brought to the attention of the seller and which the latter accepted.
Pursuant to article L. 217-12 of the Consumer Code, the action resulting from the non-conformity is time-barred two years after the delivery of the item
Latent defect guarantee
You may also exercise the latent defect guarantee as defined under Article 1641 of the Civil Code.
Pursuant to article 1641 of the Civil Code, the seller is liable for the guarantee for latent defects of the item sold that render the use for which it is intended improper, or which reduce the usage so that the buyer would not have bought it, or would only have given a lower price if he/she had been aware of the defect.
Pursuant to article 1648 paragraph 1 of the Civil Code, the action resulting from latent defects must be filed by the buyer within two years of the discovery of the defect.