Horcery Limited Warranty

Last Updated 14 October 2024

Consumer Law

The Horcery Limited Warranty is a voluntary manufacturer’s warranty, offering rights distinct from those provided under applicable consumer law. This Limited Warranty does not replace, but rather complements, any rights that consumers may have under consumer law concerning non-conforming products.
As such, the Horcery Limited Warranty is provided in addition to, and not in substitution for, rights under consumer law. Consumers retain the right to claim service under either the Horcery Limited Warranty or their consumer law rights.
Important: The terms and conditions of the Horcery Limited Warranty are separate from, and do not limit, claims that may be made under consumer law.

Who Does This Warranty Cover?

This Limited Warranty (the “Warranty”) is issued by Horcery, LLC (“Horcery,” “we,” “us,” or “our”) to you, the original purchaser or recipient of a Horcery Product (as defined below) acquired directly from Horcery or an authorized Horcery reseller. The Warranty covers only you, the original purchaser or the first individual to whom the Product was gifted (the “Gift Recipient”), and is not transferable or assignable to subsequent owners or users. The Warranty applies solely within the United States, and any attempt to transfer or assign the Warranty is void.
For the purposes of this Warranty, a “Gift Recipient” is an individual who received a new, unused Product as a gift from the original purchaser. Proof of purchase from Horcery or an authorized Horcery reseller may be required to obtain service under this Warranty.

What Does This Warranty Cover?

This Warranty applies to defects in materials and workmanship in the Horcery stall monitor and related accessories included in its Horcery-branded shipping packaging and purchased directly from Horcery or an authorized Horcery reseller in the United States (collectively, the “Product”). During the Warranty Period (as defined below), Horcery warrants that the Product will be free from defects in materials and workmanship and, when used under normal and intended conditions, will operate substantially in accordance with Horcery’s published documentation and technical specifications.

What Is Not Covered by the Warranty?

  • Software: Software and software functionality, including any software licensed, sold with, or embedded in the Product.
  • Uninterrupted Service: Any guarantee that the use or operation of the Product will be uninterrupted or error-free, including internet connectivity issues.
  • Account-Related Issues: Any damage or loss of access resulting from the suspension, termination, or cancellation of your account or subscription, whether initiated by you or Horcery.
  • Data Loss: Loss, corruption, or recovery of data or content, and any associated costs.
  • Wear and Tear: Normal wear and tear, including cosmetic damage that does not affect functionality, such as corrosion, discoloration, scratches, and dents.
  • Misuse or Accidents: Damage or malfunction caused by:
    • Improper, abnormal, or non-conforming use in relation to Horcery’s Product documentation, instructions, or technical specifications.
    • Accidents, abuse, neglect, improper handling, or environmental exposure, including but not limited to water damage, extreme humidity, heat, dust, or atmospheric conditions.
    • Fire, flood, wind, lightning, freezing, other natural disasters, acts of God, power fluctuations, or unusual electrical disturbances.
    • Theft, vandalism, collision, exposure to foreign objects, or any other circumstances beyond Horcery’s control.
  • Unauthorized Modifications or Repairs: Damage resulting from modifications, servicing, or repairs performed by any person or entity other than Horcery or an authorized Horcery service provider, or modifications not recommended by Horcery.
  • Unverified or Unauthorized Products: Products that have been resold, stolen, or that Horcery reasonably believes to be counterfeit, acquired from an unauthorized distributor or reseller, or otherwise not legally purchased.
  • Geographic Limitations: Products purchased or intended for use outside of the United States.
  • Tampering: Products with serial numbers or other identifying markings that have been removed, altered, or defaced.
  • Third-Party Parts or Accessories: Damage caused by the use of parts or accessories not originally intended for or compatible with the Product, or any third-party components not provided or certified by Horcery.

What is the Warranty Period?

The Warranty Period for Horcery Products, including the Stall Monitor, Distribution Hub, and any accessories shipped together in the same packaging, is one year, commencing from the date of purchase or delivery, whichever is later.

Your Responsibilities

If your Horcery Product is capable of storing data, you are strongly encouraged to make periodic backups of any information stored on the Product, especially using Horcery’s cloud backup options, to protect your data and as a precaution against potential operational failures.

How to Submit a Claim

To make a claim under the Warranty, contact Horcery’s customer support team by emailing support@horcery.com and provide the email address associated with the device account, a detailed description of the issue, and proof of purchase (if requested).
If your Product and its issue are covered by this Warranty, Horcery’s customer support will guide you through the claim process. At its sole discretion, Horcery may choose to repair, replace, or refund the Product. If Horcery decides to replace the Product, the replacement may be new, re-manufactured, or refurbished. Should the exact model be unavailable, Horcery will either provide an equivalent replacement or issue a refund for the original purchase price, at Horcery’s sole discretion.
Upon completion of warranty service, your Horcery Product or its replacement will be returned to you in its original configuration, subject to any applicable updates. Horcery may install system updates during the course of warranty service that could prevent the Product from reverting to an earlier software version and without data previous on the replaced device. Recovery and reinstallation of software, data, and information are not covered under this Warranty.
The replacement Product will inherit the remaining Warranty Period of the original Product, meaning the Warranty Period does not reset upon replacement. Replacement Products will match the value and functionality of the original, though an exact match in color or finish is not guaranteed. Please note that the original Product will not be returned to you, and Horcery cannot guarantee the preservation or transfer of any data or content stored on the original Product during the replacement or repair process.
If the Product qualifies for an advanced exchange, Horcery may ship a replacement Product before receiving the defective one. In such cases:
  • The defective Product must be returned within five days of receiving the replacement.
  • Horcery will cover domestic shipping costs associated with the exchange (international shipping costs or customs charges are not covered).
  • A credit card will be required to initiate the exchange, and if the defective Product is not returned within the specified timeframe, your credit card will be charged.

Disputes; Disclaimer of Warranties; Limitation of Liability

Any disputes between you and Horcery related to this Warranty or the Product will be governed by the dispute resolution procedures specified in Horcery’s Terms of Service.
THIS WARRANTY IS THE EXCLUSIVE WARRANTY PROVIDED BY HORCERY AND SUPERSEDES ANY PRIOR, CONTRARY, OR ADDITIONAL REPRESENTATIONS. ADDITIONAL LIMITATIONS ON THIS WARRANTY MAY BE FOUND IN HORCERY’S TERMS OF SERVICE.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND HORCERY’S ENTIRE LIABILITY FOR ANY BREACH OF THIS WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HORCERY’S LIABILITY WILL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT. UNDER NO CIRCUMSTANCES SHALL HORCERY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM IS BASED OR WHETHER HORCERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. THIS WARRANTY ALLOCATES THE RISKS BETWEEN YOU AND HORCERY AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HORCERY. EACH PROVISION IN THIS WARRANTY IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS. THIS WARRANTY WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Other Resources

In case of any conflict between this Warranty and any warranty statement provided in a Product user manual (if any), this Warranty will take precedence to the extent of such conflict. In the event of a conflict between this Warranty and Horcery’s Terms of Service, the Terms of Service will control. For further questions or assistance, please contact support@horcery.com.