This One-Year Limited Warranty (the “Warranty”) is a manufacturer’s warranty voluntary provided by Transcranial Ltd. 88 Paul St, London, UK, or its successor in title, (“Brian Control Co.”), for each product (the “Product”) sold via the website [foc.us] (the “Website”).
Any reference herein to “you” or “yours” is the consumer purchasing the product(s) from the Website.
The Warranty is in addition to, and not instead of, rights provided by consumer law and consumers have the right to choose whether to claim service under the Warranty or in accordance with the rights provided to you as a consumer.For further information about consumer law, please contact your local consumer organization.
The following is covered by the warranty.
Brain Control Co. hereby warrants that the Product, for a period of one (1) year from the date of original purchase from Brain Control Co. via the Website, is without defects in materials and workmanship, provided however that the Product is only used in accordance with published guidelines from Brain Control Co. for the respective Product, including the Product’s user manuals, technical specifications, etc. and subject to the limitations set forth in this document.
The Warranty applies only to Product(s) you purchased for your own use and not for resale.
The following is not covered by the warranty.
The Warranty does not apply to: (a) products that were bought through other channels than the Website, (b) problems that occur more that one (1) year after the date of original purchase of the product from Brain Control Co. via the Website, (c) consumable parts, such as batteries or protective coatings; (d) cosmetic damage, including but not limited to scratches, dents and broken plastic; (e) damage caused by external cause, including but not limited to accident, abuse, misuse, liquid contact, fire; (f) damage caused by operating or use of the Product other than in accordance with published guidelines from Brain Control Co. for the Product, including the Product’s user manuals, technical specifications, etc. (please note: you may not open or disassemble the Product in any other way than as explicitly described in the Product’s user manual; (g) a Product that has been modified; (h) defects caused by normal wear and tear or otherwise due to the normal aging; or (i) a Product that is stolen, or where Brain Control Co. has reason to believe that it is stolen.
Please note that only Brain Control Co. or an Authorized Service Center appointed by Brain Control Co. (a “Brain Control Co.”) may perform service on the Product. Warranty cover will be void if repair has been made or attempted by any other than a Brain Control Co.
Furthermore, the Warranty does not apply to any hardware products other than the Product. For software, if any, please refer to the relevant licensing agreements for details of your rights and obligations with respect to the use of software.
Brain Control Co. is not liable for reimbursements, claims and damages where the Warranty does not apply. As concerns limitations of liability, please see below.
What will be done in the event of a warranty claim?
If you submit a valid claim under the Warranty, Brain Control Co. will, at its option:
(a) repair your Product using new and/or previously used parts that are equivalent to new in performance and reliability, (b) replace your Product with a product that is at least functionally equivalent to the Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (c) refund your purchase price in exchange for the return of your Product.
When a Product or part thereof is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Brain Control Co.’ property. A repaired or replaced Product either substitutes the original Product in relation to the remaining Warranty or provides you a warranty during ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.
Products with the capacity to storage of data and backup copies.
What is set forth below is relevant for Products with a capacity to store data.
To protect the contents stored in the Product, such as software programs, data and other information, and as a precaution against possible operational failures, you are advised to make periodic backup copies of the information contained on your Product’s storage media
Before submitting your Product for service under the Warranty you are advised to make backup copies of the information contained on your Product’s storage media since such storage media may be erased, replaced and/or reformatted during the Warranty service. Furthermore asked to remove all personal information, and, if the Product is to be delivered or sent to Brain Control Co. or to a Brain Control Co. ASC, to provide such with all system keys or passwords in order to provide a sufficient, free, and safe access to your Product.
After Warranty service, your Product (or a replacement product) will be returned to you with its original configuration and subject to applicable updates. Brain Control Co. may install system software updates as part of Warranty service that will prevent the Product from reverting to an earlier version of the system software. Third party applications installed on the Product may not be compatible or work with the Product as a result of the system software update and Brain Control Co. or a Brain Control Co. ASC is not responsible for recovery or reinstalling software programs, data and information.
If you are not the owner of the Product you must obtain authorization from the owner before asking for Warranty service.
The warranty service.
For information related to the Warranty service, please contact Brain Control Co. via e-mail at the address stated at the website.
If you do not have internet access or the Product is still not functioning properly after taking contact with Brain Control Co. and following instructions received, contact Brain Control Co. via other means of communication or contact a local Brain Control Co. ASC (Brain Control Co. may provide information of where to locate such Brain Control Co. ASC), and you will receive help to determine whether your Product requires service and be informed which of the Warranty service options set out below that Brain Control Co. will provide.
Before receiving Warranty service you may be asked to present proof of purchase details, provide information to diagnose potential issues with your Product and to follow procedures and instructions for obtaining Warranty service, such as following instructions for packing and shipping the Product when receiving mail-in service as described below.
Brain Control Co. will at its option, depending on the individual circumstances, provide Warranty service through one or more of the following options:
Carry-in service. Brain Control Co. may request that you return your Product to a Brain Control Co. ASC. After Warranty service, you may upon notice retrieve the Product from the Brain Control Co. ASC, or the Product will be sent to you directly.
Mail-in service. If Brain Control Co. elects to provide service through its mail-in service, Brain Control Co. will send you prepaid waybills, so that you may ship your Product to a Brain Control Co. ASC. Please note that you will need to provide your own packing material and that the packaging of the Product is required to fulfill the specifications set forth by the relevant shipping company. After Warranty service, the Product will be sent to you.
Do-it-yourself ("DIY") service. Under DIY service Brain Control Co. will provide you with a replacement product, part or accessory with instructions for replacement. For the DIY service, Brain Control Co. may require return of the replaced product, part or accessory, and Brain Control Co. may therefore require a credit card authorization, in an amount corresponding to the price of the replacement product, part or accessory, as security for such return. If you follow the request and return the replaced product, part or accessory, Brain Control Co. will cancel the credit card authorization. If you fail to follow the request Brain Control Co. reserves the right to charge your credit card for the authorized amount. Note: Brain Control Co. is not responsible for any costs, including labour costs, you incur relating to the DIY service.
Service options may be limited if requesting service in a country that is not the country of purchase for the Product. In the event that service for the Product is not available in such country, you may contact Brain Control Co. to receive information related to service and any additional charges for shipping and handling that may apply before rendering service. You may seek service in a country that is not the country of purchase and in such case you are responsible for all custom duties, VAT and other associated taxes and charges and for complying with all import and export laws and regulations applicable.
Limitation of liability.
A) Entire agreement:
Other than the mandatory consumer law rights to which you are entitled, all warranties, conditions and other terms not set out in the Warranty are excluded from the Warranty. As a result, this Warranty is your exclusive warranty and replaces all other warranties or conditions, express or implied, including, but not limited to, any implied warranties or conditions of merchantability or fitness for a particular purpose.
Some countries do not allow limitations on warranties or on how long warranties, conditions and/or implied terms may last, in that event, such warranties apply only to the extent and for such duration as required by law and are limited in duration to the warranty period, if applicable under such law.
B) Disclaimer in relation to data:
Brain Control Co. does not warrant, represent or undertake that it will be able to repair or replace any Product under the Warranty without risk to and / or loss of information and / or data stored on the Product.
C) Limitation of liability:
In no event shall Brain Control Co. be liable for
any losses or damages related to the defects in materials and workmanship of the Product;
any losses that were not caused by Brain Control Co. breach of the Warranty;
any loss or damage that was not, at the time of your purchase of the Product, a reasonably foreseeable consequence of Brain Control Co. breaching the Warranty; or
losses relating to any business of yours, loss of profits, loss of data or loss of opportunity.
The limitation of liability of the Warranty shall not apply to (i) death or personal injury; (ii) fraud or fraudulent misrepresentation; or (ii) any other liability that cannot be limited or excluded as a matter of law.
If you obtain service under this Warranty, you authorize Brain Control Co. (as controller) and the Brain Control Co. ASC to store, use and process information about your Warranty service and your contact information, including name, phone numbers, address, and e-mail address. Brain Control Co. and the Brain Control Co. ASC may use this information to perform service under this Warranty. Brain Control Co. and the Brain Control Co. ASC may contact you to inquire about your satisfaction with the Warranty service or to notify you about any product recalls or safety issues. In accomplishing these purposes, you authorize Brain Control Co. and the Brain Control Co. ASC to transfer your information to any country where Brain Control Co. (which countries may not have as strict legal requirements for the protection of personal data as in your country) do business and to provide it to entities acting on Brain Control Co. behalf for the provision of services required by Brain Control Co..
If you want information about how Brain Control Co. is processing your personal data and/or want any personal data to be rectified or deleted, please contact Brain Control Co. at the address stated in this document.
Brain Control Co. will maintain and use customer information in accordance with the Data Protection Directive 95/46/EC set by the European Parliament & Council as implemented into national legislation, or if outside of the EC, any applicable laws related to handling of personal information.
If any of the terms and conditions set out in this Warranty is held to be illegal or unenforceable, it shall be severed from the Warranty and the legality or enforceability of the remaining terms shall not be affected.
The Warranty is governed by and construed under the laws of the country where the Product was originally purchased. No third party, including Brain Control Co. ASCs, or any of their employees, are authorized to make any modification, extension, or addition to the Warranty.
When contacting Brain Control Co. charges may apply depending on your location. Please contact your network operator for details.