Ernesta's limited warranty policy

This Limited Warranty Policy is part of and made pursuant and subject to (and can also be found in) Ernesta's Terms of Use.Limited Warranty.What is Covered By The Limited WarrantyThis Limited Warranty covers the products purchased through our website at ("Products"). Any Product purchased from Ernesta will be free of material defects in materials and workmanship for a period of thirty (30) days from the date of delivery ("Warranty Period"), when used in an indoor, non-commercial setting. This Limited Warranty extends only to an original owner or original giftee of the Product and is not transferable to any future owner of the Product. This Limited Warranty is limited to the United States and does not apply to any Products purchased or used outside of the United States. Certain additional exclusions apply, as further described below.If the Product fails to conform to this Limited Warranty during the Warranty Period, Ernesta will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) refund the money actually paid (less any shipment costs) by the original purchaser for the Product. Repair or replacement may be made with a new product, at Ernesta's sole discretion. If the Product is no longer available, Ernesta may, at Ernesta's sole discretion, offer a replacement with an alternative Product. THE FOREGOING IS ERNESTA'S SOLE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY.Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) thirty (30) days from the date of delivery of the repaired Product or replacement Product, or (b) the remaining portion of the Warranty Period for the original purchase.This Limited Warranty does not cover the following (collectively "Ineligible Products"): Products that have defects or damage arising or resulting from: (a) modifications, alterations, tampering, or improper maintenance or repairs of Products by you or any person or third party other than Ernesta or its designee following delivery to you; (b) handling, storage, installation, testing, or use not in accordance with these Terms or other written care instructions provided by Ernesta; (c) abuse or misuse of the Product, improper or abnormal use, or neglect; or (d) events outside of Ernesta's reasonable control, including Acts of God, lightning, flood, tornado, earthquake, or hurricane. This Limited Warranty also does not cover changes in the appearance of the Product resulting from ordinary use, including the natural alteration of colors or materials resulting from ordinary use over time.This Limited Warranty does not apply to our website, services or applications, any content contained therein or anything other than the Products. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. Likewise, some of the limitations in this Limited Warranty may not apply in certain states. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.Making A Claim Under The WarrantyIn order to make a claim under this Limited Warranty, the owner of the Product must notify Ernesta by contacting us at or writing to us at Customer Service - Warranty, Ernesta Home, Inc., 322 8th Avenue, Suite 601, New York, New York 10001 during the Warranty Period. Each claim for a warranty must include the name of the product, the order number and a description of the alleged failures. Ernesta will have no warranty obligations with respect to a Product that it deems, in its reasonable discretion, to be an Ineligible Product (defined above).Warranty Disclaimer. EXCEPT AS EXPLICITLY SET FORTH IN THE LIMITED WARRANTY ABOVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ERNESTA AND ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (ERNESTA AND ALL SUCH PARTIES TOGETHER, THE "ERNESTA PARTIES") DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED OR OTHERWISE) CONCERNING THE SERVICES OR PRODUCTS, AND THE ERNESTA PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR THE MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES OR ANY CLAIMS, ACTIONS, SUITS, COSTS, EXPENSES, DAMAGES OR LIABILITIES ARISING OUT OF USE OF THE SERVICES OR PRODUCTS. THE ERNESTA PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS. EXCEPT AS EXPLICITLY SET FORTH IN THE LIMITED WARRANTY ABOVE, PRODUCTS AND SERVICES PURCHASED OR OFFERED (WHETHER OR NOT FOLLOWING SUCH RECOMMENDATIONS AND SUGGESTIONS) THROUGH THE SERVICES ARE PROVIDED "AS-IS" AND WITHOUT ANY WARRANTY OF ANY KIND FROM THE ERNESTA PARTIES OR OTHERS (UNLESS PROVIDED EXPRESSLY AND UNAMBIGUOUSLY IN WRITING BY A DESIGNATED THIRD PARTY FOR A SPECIFIC PRODUCT).ALL IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS THAT CANNOT BE MODIFIED OR DISCLAIMED UNDER APPLICABLE LAW ARE HEREBY LIMITED TO THE WARRANTY PERIOD SET FORTH IN THE LIMITED WARRANTY ABOVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.