We are ROXi ("ROXi"), which is a trading name for Magic Media Works Ltd, a company registered in England and Wales under registration number 09054377, and with its registered office at c/o TTKW, 167-169 Great Portland Street, 5th Floor, London, W1W 5PF
"You" or "Your" means the person or entity that originally purchased the Product (as defined below) in its original packaging from ROXi or an authorised reseller of ROXi (an "Authorised Reseller"). The Warranty does not apply to persons or entities that purchased the Product: (i) in used or unpackaged form; or (ii) for resale, lease or other commercial use; or (iii) from someone other than ROXi or an Authorised Reseller.
1.1. ROXi warrants that any product that is manufactured by or on behalf of ROXi and is purchased by You from ROXi or an Authorised Reseller (including any packaging, parts, manuals or other materials used, included or incorporated therewith, but excluding any software and data incorporated therewith) (each a "Product") shall be free from material defects in design, workmanship and materials (each a "Defect"), and that such Products shall remain free from Defects for a period of one year from the date of purchase ("Warranty Period"). In order to prove the date of purchase of a Product, You will need to provide to ROXi a copy of the original proof of purchase in accordance with the return's procedure described at paragraph 3 below.
1.2. The Warranty is additional to, and does not affect, your statutory rights that You may have under applicable national laws in force, nor Your rights against the retailer or dealer You purchased the Product from arising from the sale and purchase contract.
2.1. If You would like to make a claim in respect of the Warranty, You must return the Product to ROXi in accordance with paragraph 3 below. Once the Product has been received by ROXi and ROXi has identified a Defect, ROXi, at its absolute discretion (subject to ROXi not choosing an option which would deny You Your statutory rights), may:
2.1.1. repair the Product, using new or refurbished replacement parts; or
2.1.2. exchange the Product with a replacement Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product.
2.2. The decision of ROXi shall be final and binding with regards to the condition of any returned Product and eligibility for repair or replacement under the Warranty.
2.3. If ROXi repairs or replaces a Product under the Warranty, a replacement Product assumes the Warranty of the original Product for the remainder of the Warranty Period or for ninety (90) days from the date on which the replacement or repair is performed by ROXi, whichever provides longer coverage for You. When a Product is exchanged, any replacement Product becomes Your property and the returned Product becomes ROXi's property.
2.4. Such repairs or exchange and replacement will be made by ROXi at no charge to You for parts or labour; however, You shall be responsible for any transportation costs. ROXi will similarly not be liable for shipping or insurance costs, import fees, duties or taxes.
2.5. To the fullest extent permitted by applicable law, ROXi shall not have any liability to You in respect of any:
2.5.1. indirect or consequential losses, damages, costs or expenses.
2.5.2. loss of actual or anticipated profits;
2.5.3. loss of contracts;
2.5.4. loss of use of money;
2.5.5. loss of anticipated savings;
2.5.6. loss of revenue;
2.5.7. loss of goodwill;;
2.5.8. loss of reputation;
2.5.9. loss of business;
2.5.10. ex gratia payments;
2.5.11. loss of operation time;
2.5.12. loss of opportunity; or
2.5.13. loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable, nor whether ROXi or its agents, contractors or resellers had been advised of the possibility of such losses being incurred. For the avoidance of doubt, provisions 2.5.2 to 2.5.13 above apply whether such losses are direct, indirect, consequential or otherwise.
2.6. To the fullest extent permitted by applicable law, the total aggregate liability of ROXi arising out of or in connection with all claims in aggregate (including Warranty claims and losses relating to the breach of Warranty) shall be limited to the actual purchase price paid by You for the Product.
2.7. The Warranty DOES NOT cover, and shall be void in respect of:
2.7.1. cosmetic damage, such as scratches, nicks and dents;
2.7.2. consumable parts, such as batteries;
2.7.3. fair wear and tear;
2.7.4. damage caused by accident, abuse, misuse, water, flood, fire or other acts of nature or any other direct or contributory external causes;
2.7.5. any other act, neglect or default by You or any third party;
2.7.6. if the Product was operated or stored in abnormal or improper use or maintenance conditions or contrary to ROXi's written instructions or recommendations.
2.7.7. if the Product was repaired, modified or altered or undergone attempted unauthorised repair, modification or alteration (including, but not limited to, any attempt to open it up).
2.7.8. if the Product was installed improperly or without following the supplied installation instructions.
2.7.9. if the serial number or any other markings of the Product are defaced, modified or missing.
2.7.10. if any labels or seals on the Product have been modified, removed or broken; or
2.7.11. errors that occur with, or damage caused to, the Product when the Product is used in conjunction with third-party software or hardware. For the avoidance of doubt, ROXi does not warrant that third party hardware or software will function error-free when used in conjunction with the Product.
2.8. Some places do not allow limitations on implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to You. Nothing in this Warranty restricts, limits or excludes liability to You for death or personal injury as a result of ROXi's negligence, or for fraudulent
3.1. If You would like to make a claim under the Warranty, ROXi's liability for Defects shall be subject to:
3.1.1. if You have purchased the Product from an Authorised Reseller, You are returning the Product that You claim is subject to a Defect ("Defective Product") back to Your initial point of purchase for an exchange or repair, subject to any other terms offered directly by such Authorised Reseller to You;
3.1.2. alternatively, You may start your warranty claim in accordance with the online return's procedure within one (1) month after You discover a Defect (or ought to have discovered it).
3.1.3. You providing a reasonably detailed explanation of the alleged Defect in accordance with the online returns procedure; and
3.1.4. You providing a copy of the original proof of purchase and serial number of the Defective Product to ROXi by means of the online returns procedure.
3.2. ROXi reserves the right to refuse the warranty service if the documentation described at paragraph 3.1.3 and 3.1.4 cannot be provided or is incomplete or ineligible.
3.3. In order to make your warranty claim, please visit www.roxi.tv and follow all steps of the online returns procedure. As part of the online returns procedure, You may also be required to return the Defective Product to ROXi together with any other documentation ROXi may reasonably require, to an address which will be provided to you.
3.4. Products are returned to ROXi at Your own risk and expense and should be sent using suitable methods to ensure safe and proper delivery to ROXi, as ROXi cannot be held responsible or liable for any items lost or damaged in transit.
4.1. Always use the Product in accordance with applicable law. Do not use the Product for making illegal copies or infringing copyright.
4.2. The Warranty gives You specific legal rights, and You may also have other statutory rights, which vary from jurisdiction to jurisdiction, and which shall not be affected by the Warranty.
4.3. You shall not assign, transfer, novate or charge or purport to assign, transfer, novate or charge the Warranty or any of Your rights, liabilities or obligations under the Warranty.
4.4. If any provision or sub-provision or other provision in the Warranty shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other provision or sub-provision or part of any provision or sub-provision, all of which shall remain in full force and effect.
4.5. In case of any inconsistency between the English and other versions of the Warranty that are translated into other languages, the English version shall prevail.
4.6. A person who is not either You or ROXi has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Warranty.
4.7. The Warranty and any dispute or claim arising out of or in connection with it or its subject matter or formation (including, but not limited to, non-contractual disputes or claims) will be governed by English law. If:
4.7.1. You are domiciled in the European Union, then the exclusive forum for settling any disputes which may arise out of or in connection with the Warranty shall be the English courts; and
4.7.2. You are not domiciled in the European Union, any dispute which may arise out of or in connection with the Warranty shall be exclusively referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.