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AGREE

Hardware Limited Warranty

PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. BY USING YOUR PRODUCT, YOU AGREE TO THIS LIMITED WARRANTY.

This hardware limited warranty (this “Limited Warranty”) is issued by XRSPACE Company Limited (Address: 18F., No. 1351, Zhongzheng Rd., Taoyuan Dist., Taoyuan City 330, Taiwan (R.O.C.) (“XRSPACE”, “we”, or “us”). We issue this Limited Warranty to you, as a consumer who has purchased a new XRSPACE hardware device, including its accessories (collectively the “Product”) from XRSPACE or any authorized retailers.

THIS PRODUCT IS FOR PERSONAL, NON-COMMERCIAL USE ONLY. WARRANTY COVERAGE IS VOID IF USED FOR COMMERCIAL PURPOSES (INCLUDING BUT NOT LIMITED TO: RENTAL, PAY-PER-PLAY, ARCADE, ETC.)

Your statutory rights, i.e. the rights as buyer against the seller derived from the purchase agreement as well as other rights, are not affected by this Limited Warranty.

Limited Warranty

During the warranty period (defined below), XRSPACE warrants that the Product included in the package at the time of original purchase from XRSPACE or any authorized retailers will be free from defects in materials and workmanship under normal use in accordance with XRSPACE user documentation, including the instruction manual that comes with the Product.

The warranty period is twelve (12) months from the date of original purchase or delivery of the Product (whichever date is later). However, the warranty period is twenty-four (24) months from the date of original purchase or delivery of the Product (whichever is later) in its original packaging if you had purchased the Product from EU. This Limited Warranty is only given to you and shall not be sold, assigned, transferred or given in full or in part to any subsequent purchaser or acquirer of the Product.

This Limited Warranty is only valid and enforceable in Germany where the Product has been released for sales and provided warranty support, and will apply only if you had purchased your Product from XRSPACE or any authorized retailers.

This Limited Warranty does NOT apply to:

  1. Damage caused by normal wear and tear;
  2. Damage caused by accidents and misuse, including failure to follow XRSPACE user documentation;
  3. The serial number of the Products and/or the warranty seal label has been removed or erased;
  4. Physical damage and/or exposure to liquids caused by neglect, improper or rough handling of the Product;
  5. Products being repaired by unauthorized third parties other than XRSPACE authorized technicians;
  6. Use of the Product with unauthorized spare parts, equipment, devices, software, services or other unauthorized third party items;
  7. Extreme thermal or environmental conditions or an abrupt change in such conditions; and
  8. Anomalies in the electrical current supplied to the Product.

Invoking the Limited Warranty

To make a claim under this Limited Warranty, please visit https://www.xrspace.io/ within the aforementioned warranty period. When you contact XRSPACE, please provide your name, contact information, the model name, serial number of the Product and a purchase receipt or other acceptable proof of purchase.

XRSPACE will bear the shipping costs when you return the Product to us. When we receive the Product, we will determine if there is a defect or malfunction covered by this Limited Warranty. If we find a defect or malfunction covered by this Limited Warranty, we will, in our sole discretion, either repair or replace the Product, and we will send the repaired Product or a replacement Product, if applicable, to you at our cost. We may not return the original Product to you. We cannot guarantee that we will be able to repair the Product without risk to or loss of programs or data, and any replacement Product will not contain any of your data that was stored on the original Product. Any repaired or replaced Product will continue to be covered by this Limited Warranty for the remainder of the original warranty period.

If we are unable to verify your proof of purchase in advance, with you sending us the Product without a valid proof of purchase, then we reserve the right to return the Product to you at your cost, subject to prepayment, or, if such costs are not prepaid, we will keep the Product for thirty (30) days for your pickup before being disposed of.

Limitation of Liability

It is your responsibility to backup your data, electronically or physically, on a regular basis if you wish to retain your data. Any data recovery, removal, and installation are not possible under this Limited Warranty.

In case you make use of the Limited Warranty, the following applies:

  1. XRSPACE accepts full liability for damage and losses caused by breaches by intent or gross negligence.
  2. XRSPACE’s liability for breaches by ordinary negligence of a material obligation or of a secondary duty whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment you could reasonably rely upon (“material secondary duty”), shall be limited to damage and losses that were foreseeable at the conclusion of contract and are characteristic for the particular type of contract.
  3. XRSPACE shall not be liable for breaches by minor negligence of a secondary duty, which is not a material obligation.

The limitations and exclusions of liability shall not extend to claims based on any defects of the Products that have been fraudulently concealed or on an acceptance of a general warranty of quality or durability, the liability for claims made by you under the German Product Liability Act, as well as on injuries to life, limb or health of the Buyer. This shall not be linked to a change in the burden of proof to your disadvantage.

Where the liability of XRSPACE has been excluded or limited, this also applies to any personal liability of XRSPACE's legal representatives, employees, workers, members of staff, and vicarious agents.

This Limited Warranty will be governed by the law of the country in which the products were purchased, and the relevant courts of that country will have exclusive jurisdiction in relation to this Limited Warranty.

Except as specifically provided above, if any part of this Limited Warranty is found by a court to be invalid or unenforceable, this will not affect the validity enforceability of any other part of the Limited Warranty.

Disposal

Old devices do not belong in the household waste
Should this electrical or electronic equipment no longer be used, every user is legally obliged to dispose of it separately from household waste, e.g. at a local collection point of the municipality or of the district for old electrical equipment or at a collection point for reuse. The relevant addresses can be obtained from the respective city or local authority. Electrical appliances are therefore marked with the following symbol. The end user is responsible for the deletion of personal data on the old equipment to be disposed of.

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Batteries and accumulators do not belong in the household waste
End users are legally obliged not to dispose of batteries and accumulators in the household waste at the end of their lifecycle, but to return them. They can be returned free of charge to a retailer or other collection point near you so that they can be disposed of in an environmentally friendly manner. The relevant addresses can be obtained from the respective city or local authority.

Batteries contain substances that are harmful to the environment and health if they are not disposed of properly. If the batteries and accumulators are disposed of with household waste, harmful substances can be released into the environment. In addition, valuable raw materials would be lost. In addition, batteries may contain substances that are irritating, cause allergies or are highly reactive. This means that even batteries without the heavy metal marking shown below are not completely harmless.

If batteries or accumulators contain cadmium, mercury or lead, they are marked with the respective chemical symbol: Cd = Cadmium, Hg = Mercury, Pb = Lead.

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Simplified EU declaration of conformity
Hereby, XRSPACE Company Limited declares that this virtual reality device is in compliance with the Directive 2014/53/EU on electromagnetic compatibility, with the RoHS Directive 2011/65/EU, with the Ecodesign Directive 2009/125/EG and with the Radio Equipment Directive 2014/53/EU.The full text of the EU declaration of conformity is available at the following internet address: https://www.xrspace.io/