DENAJI One-Year Limited Warranty
Your DENAJI Bag is covered by a one year limited warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary by state, province, or country.
- Products Covered by this Limited Warranty
This limited warranty extends to leather, polycarbonate, aluminum, and nylon Bags manufactured by DENAJI, LLC (“DENAJI”) and purchased directly from DENAJI or DENAJI’s authorized retailers (the “Bag”). Some parts of this limited warranty also extend to batteries sold with Bag or separately (“Batteries”). Bag is designed to be used for travel by air, car, train, boat, and foot. This Warranty does not cover your Bag if you use it in a manner incompatible with that intended design.
- Who this Warranty Extends To
This limited warranty extends to the original purchaser of any Bag or, in the case of a gift, the original recipient of the Bag. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Bag from DENAJI or an DENAJI authorized retailer. The “original recipient” for purposes of this warranty, is the first receiver of Bag purchased as a gift from DENAJI or an DENAJI authorized retailer. All DENAJI warranties, including any implied warranties, are valid only for the period of time the Bag is owned by the original purchaser/ recipient of the Bag. A COPY OF THE PURCHASE RECEIPT IS REQUIRED TO DETERMINE WARRANTY APPLICABILITY.
DENAJI limited warranties are not transferable and not applicable to use of the Bag for commercial or rental purposes.
- DENAJI's Limited Warranty and Responsibilities
DENAJI warrants the Bag in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) forever, when the Bag is used normally for its intended purposes.
- What this Lifetime Limited Warranty Covers
THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS:
- Natural Defect of product
- Leather Stitching craftsmanship defect
- Zipper failure of any kind (Not including accidents from jamming the bag with too many items)
- Leather material color fading and leather texture deterioration.
- Permanent smudge marks and scratches upon receiving the bag.
- Disassembly and rip or tear of any parts of the bag from proper use.
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 Bag by any party and which do not impair the functionality of the product as Bag.
- Damage resulting from, in the opinion of DENAJI, improper handling, lack of care, accidents, inappropriate use, modification, attempted repair, negligence, normal wear and tear or aging.
- Replacement of any non-defective pieces in the Bag (for example, if you purchase Bag with multiple components and only one component is defective, then we will only replace the defective component).
- Any Bag (whether manufactured by DENAJI or not) sold by resellers who are not authorized retailers.
- Bag sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Bag is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
- Loss of functionality of the battery, which is covered solely by the Electronics One Year Limited Warranty.
- Loss of functionality due to consumers being locked out of their Bag. See “Your Responsibilities” below for information regarding assistance with locked Bag.
In the event of a Defect, DENAJI’s sole and exclusive liability and your sole remedy under this limited warranty will be, at DENAJI’s option, to provide repaired or replacement Bag, subject to your fulfillment of “Your Responsibilities” below. Replacement Bag may be provided in a color different from the Bag you originally purchased. For limited edition, discontinued or out-of-stock Bag covered under the limited warranty, DENAJI 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.
- Your Responsibilities
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Bag to DENAJI and provide DENAJI with proof of the original date of purchase. Should shipping costs be required to return your Bag, you will 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.
DENAJI will repair or replace (as applicable) and ship your Bag back to you within 180 days of receiving your original Bag. You will not be responsible for any shipping costs associated with shipping replaced or repaired Bag.
Replaced or repaired Bag is subject to the same limited warranty as the original Bag.
Bag that is locked can be shipped to a DENAJI location to be unlocked by DENAJI personnel. You will be responsible for any shipping and handling costs.
- Disclaimer, Limitation on Liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BAG 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 DENAJI 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 BAG 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 DENAJI HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. DENAJI’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE BAG 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.
G1. In the event a dispute arises between you and DENAJI arising out of this Limited Warranty (“Dispute”), such Dispute will be determined and settled solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and DENAJI agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Limited Warranty, and that you and DENAJI are each waiving the right to a trial by jury or to participate in a class action.
G2. As limited exceptions to Section G1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
G3. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Limited Warranty. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the District of Columbia (Washington, DC), unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
G4. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration you’ll pay all of our attorneys’ fees and costs. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
G5. YOU AND DENAJI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section shall be null and void.
G6. With the exception of any of the provisions in Section G5 of this Limited Warranty ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of this Limited Warranty is invalid or unenforceable, the other parts of Limited Warranty will still apply.
G7. You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act.
- Governing Law and Forum Choice
This Limited Warranty and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the District of Columbia, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section G “Arbitration” the exclusive jurisdiction for all Disputes that you and DENAJI are not required to arbitrate will be the state and federal courts located in the District of Columbia, and you and DENAJI each waive any objection to jurisdiction and venue in such courts
DENAJI, LLC (d/b/a DENAJI)
4708 Wisconsin Avenue NW, Suite B1, Washington, DC 20016