This Open-Box Limited Warranty (“Open-Box Warranty”) applies to Therabody Open-Box products and is given by Theragun, Inc. d/b/a Therabody (“Therabody”) to the individual purchaser of Open-Box products from Therabody. Therabody warrants that the Therabody Open-Box products will be free from defects in material and workmanship when used normally in accordance with Therabody’s published guidelines for for a period of 30 days from the original date of purchase of the product by the end-user purchaser (the “Warranty Period”). Under this Open-Box Warranty, Therabody will, at its option, (i) repair the product or (ii) replace the product with a product of comparable value and function. Please note that Open-Box products show minor to moderate signs of use that affect cosmetic appearance. Open-Box products may not come in their original packaging and non-essential parts or accessories may be missing (as identified on each individual product). For any warranty issues, please reach out to us by phone or chat anytime.
What Is Not Covered?
The Open-Box Warranty only covers product issues caused by defect in material or workmanship during ordinary consumer use. It does not cover product issues caused by any other reason, including, but not limited to: (i) to defects caused by normal wear and tear or otherwise due to the normal aging of the product, (ii) cosmetic defects that do not interfere with product functionality; (iii) noise; (iv) misuse or abuse; (v) accidental damage, including, but not limited to, contact with liquid, extreme heat or foreign material; (vi) use in any manner that is inconsistent with the intended purpose or design of the product as described in the product’s usage manual or other documentation for the product, including, but not limited to, the attachment of any unauthorized accessories; (vii) unauthorized repairs or modifications; or (viii) improper use of electrical power supply, loss of power, variation in line voltage, malfunction or damage of an operating part from failure to provide manufacturer and recommended maintenance. Any and all warranties and guarantees shall immediately cease and terminate as to any products or parts thereof which are repaired, replaced, altered, or modified without the prior express and written consent of Therabody. Any modifications or adaptation to enable it to operate in any other country are not covered under this warranty.
To have the Open-Box product repaired or replaced under this Open-Box Warranty, device purchaser or recipient must contact Therabody’s Customer Experience Team prior to returning any product for warranty service. Therabody will not reimburse purchasers for service performed by others. Unless otherwise instructed by Therabody, the product must be delivered, freight prepaid, in either its original packaging or packaging affording an equal degree of protection to the facility specified by Therabody. Please note all warranty returns must include the completed Return Authorization Form. Before receiving warranty service, Therabody may require that purchaser furnish proof of purchase details, respond to questions designed to assist with evaluating potential issues, and follow Therabody’s procedures for obtaining warranty service. Therabody reserves the right to change the method by which Therabody may provide warranty service, and a product’s eligibility to receive a particular method of service. If Therabody determines that the problem with the product is not due to a manufacturing defect due to materials and/or workmanship, the product is not properly returned to Therabody, or otherwise does not qualify for warranty repair, then the purchaser will be responsible for all costs incurred by Therabody necessary to return the product. A replacement product assumes the remaining warranty of the original product, or thirty (30) days from the date of replacement, whichever is longer. In no event shall this Open-Box Warranty require more than the repair or replacement of any part or parts which is found to be defective within the effective Warranty Period. If replacement parts for defective and materials are not available, Therabody reserves the right to make product substitutions in lieu of repair or replacement.
Limitation of Remedies
Therabody does not authorize anyone, including, but not limited to, resellers, agents or employees, to make any modification, extension, or addition to this Open-Box Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
THE WARRANTY PROVIDED HEREIN SHALL BE THE SOLE AND EXCLUSIVE WARRANTY FOR OPEN-BOX PRODUCTS. THERABODY MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OR CONDITION ARISING OUT OF A COURSE OF DEALING, CUSTOMER OR USAGE OF TRADE. THERABODY DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. THE WARRANTIES SET FORTH IN THIS OPEN-BOX LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
UNDER NO CIRCUMSTANCES WILL THERABODY OR ITS AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THERABODY OR ITS AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THERABODY’S LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.