Moroccanoil Inc. (“Moroccanoil”) expressly warrants that the Moroccanoil products it exclusively sells or permits authorized accounts to sell in the United States (collectively, the “Products”) will be free of material defects in manufacturing, material, or workmanship under normal use, consumption, subject to conditions contained in this limited warranty (the “Limited Warranty”). Moroccanoil does not warrant, and is not responsible for, any product other than Products sold by Moroccanoil, a qualified professional salon, spa, beauty supply store or independent stylist, select authorized retailers or online reseller, or from the official Moroccanoil website (an “Authorized Account”) who procured the Products from Moroccanoil and complied with Moroccanoil’s terms and conditions. This Limited Warranty will apply only to Products sold by Moroccanoil or an Authorized Account (that is contractually subject to and follows Moroccanoil’s quality controls) to a direct consumer of the Products (“Consumer”), unless otherwise prohibited by applicable law.
The Limited Warranty shall apply to each Product only if a valid receipt is provided as proof of purchase from an Authorized Account. This warranty does not cover any Moroccanoil products that were not originally purchased from an Authorized Account.
SOLE AND EXCLUSIVE REMEDY
If a manufacturing, material or workmanship defect arises regarding any Product and a valid claim is received by Moroccanoil, Moroccanoil will, at its sole discretion: (1) refund the cost of the Product or (2) replace the Product with another Moroccanoil product that is the same or similar to the Product returned to Moroccanoil under this Limited Warranty.
Moroccanoil will make every effort to replace Moroccanoil limited edition or specialty Products or discontinued Products but cannot guarantee their availability for replacement. Any Moroccanoil limited edition or specialty Products or discontinued Products still under its applicable Limited Warranty that cannot be replaced with an identical product will be replaced with the equivalent or substantially similar product based on availability.
In the event of a defect, the remedies explicitly provided herein shall be the Consumer’s sole and exclusive remedies. This Limited Warranty is extended only to the original end-use Consumer, and will not be extended to any other person or transferee.
EXCLUSIONS AND LIMITATIONS
Except for the remedies expressly set forth above or to the extent restricted or prohibited by applicable law, the Consumer shall bear the risk as to the quality and performance of the Products, and the Consumer assumes the entire costs associated with the Products should the Products prove defective following their purchase.
In addition to and without limiting the generality of the foregoing disclaimers, this Limited Warranty does not, under any circumstance, cover defects resulting from: normal wear and tear of the packaging, improper storage of the Products by the Consumer, or otherwise due to the normal aging of the Product once in the Consumer’s possession; cosmetic damage, including but not limited to scratches, dents on packaging unless such failure has occurred due to a defect in manufacturing, materials or workmanship; improper or unreasonable use or maintenance; failure to follow use instructions; accident; excess moisture once in the Consumer’s possession ; insects; damage caused by accident once in the Consumer’s possession, abuse by the Consumer, misuse by the Consumer, fire, excessively hot temperature once in the Consumer’s possession, excessive cold temperature once in the Consumer’s possession, or other external cause; unauthorized alteration or modification of original condition; damages caused by inadequate packing or shipping procedures that are beyond the control of Moroccanoil or its Authorized Accounts; damages caused by use in combination with non- Moroccanoil products; and products purchased from any sellers other than Authorized Accounts that are not subject to Moroccanoil’s strict quality controls.
FOR CONSUMERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, THE BENEFITS TO THE CONSUMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF CONSUMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THE PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO A CONSUMER IN ANY STATE OF THE UNITED STATES, AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH CONSUMER RIGHTS OR BENEFITS IS NOT APPLICABLE TO CONSUMERS COVERED BY SUCH LAW OR REGULATION. AS A RESULT, THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO A PARTICULAR CONSUMER.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, EACH PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND MOROCCANOIL MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOROCCANOIL SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY APPLICABLE LAW, THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD APPLICABLE TO THE PRODUCT AS SET FORTH ABOVE. SOME STATES MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO A PARTICULAR CONSUMER. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE APPLICABLE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE APPLICABLE WARRANTY PERIOD FOR PRODUCTS SUBJECT TO SUCH APPLICABLE LAW WILL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS LIMITED WARRANTY GIVES THE CONSUMER SPECIFIC LEGAL RIGHTS AND THE CONSUMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE AND FROM COUNTRY TO COUNTRY.
LIMITATION OF LIABILITY
IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL MOROCCANOIL, ITS DISTRIBUTORS, SUPPLIERS, OR AUTHORIZED ACCOUNTS BE LIABLE TO CONSUMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND WHATSOEVER, ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF MOROCCANOIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT THE CONSUMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF MOROCCANOIL AND ANY OF ITS DISTRIBUTORS, SUPPLIERS, AND/OR AUTHORIZED ACCOUNTS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CONSUMER FOR ANY PRODUCT GIVING RISE TO LIABILITY. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WARRANTY CLAIM PROCESS
To submit a warranty claim, please call Moroccanoil’s Customer Service at 1-888-700-1817. We may ask you to send us a photograph of your Product to validate the claim and, in some cases, we may ask that you return the product to Moroccanoil for inspection. Moroccanoil reserves the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.
If you have any questions regarding this warranty, please call Moroccanoil’s Customer Service at 1-888-700-1817.