contact us at care@onequince.com
Last Brand, Inc. d/b/a Quince (“Quince”) stands behind the quality of its products. This Limited Warranty (this “Warranty”) extends to the original purchaser or recipient (“you”) of certain products as described below (collectively, the “Products”).
I. LUGGAGE WARRANTY A. Products Subject to This Warranty
This Section I of this Warranty applies to suitcases (the “Luggage”) manufactured by or on behalf of Quince and purchased directly from Quince, and is limited as set forth below. For all purposes under this Warranty, “Luggage” excludes any products that are purchased or otherwise received from any person other than Quince or its authorized designees, regardless of whether such products were originally manufactured by or on behalf of Quince. For clarity, “Luggage” also excludes any non-suitcase products, regardless of whether such products are otherwise related to travel or sold or marketed in proximity to suitcases.
B. Limited Lifetime Warranty
Quince hereby warrants that the Luggage, as sold to you and delivered in its original packaging, will be free of certain defects in material and workmanship set forth below (for purposes of this Section I, “Defects”). This Warranty applies for the reasonable lifetime of the Luggage. “Lifetime” does not refer to the lifetime of the purchaser or any recipient of the Luggage, but to the reasonably foreseeable lifespan of the materials and components that comprise the Luggage. Notwithstanding any provision in this Warranty to the contrary, this Warranty does not cover your Luggage if you use your Luggage in a manner that is incompatible with its intended design (which includes reasonable use for travel by air, car, train, boat, and foot) or fail to follow any care instructions that are provided with respect to your Luggage, and in all cases Quince reserves the right to void this Warranty at any time with respect to claims that Quince determines in its sole and absolute discretion to be dishonest or fraudulent.
C. Defects Covered By This Warranty
THIS WARRANTY COVERS THE FOLLOWING DEFECTS:
Cracks or breaks in the shell.
Wheels, handles, or telescoping handles that break off or are no longer usable.
Zippers that can no longer be opened or closed.
THIS WARRANTY DOES NOT COVER THE FOLLOWING:
Cosmetic damage including, but not limited to, scratches, dents, dings, scuffs, stains, color changes, normal wear and tear (including inner fabric), or other non-functional changes in the appearance of a product that occur during normal handling and use by any person (including, without limitation, transport and airline handling).
Replacement of any non-defective parts in a product.
Products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that a product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
Products sold by sellers or resellers who are not authorized Quince retailers.
Damage determined by Quince to be due to abuse, neglect, modification, tampering, or alteration beyond what could be considered normal handling and use.
Damage due to unforeseen causes such as accidents or force majeure events (such as fire or flood).
Loss of functionality due to a person being locked out of a product.
Loss or theft of any products or parts of products.
Personal injuries arising from the use of products.
D. Remedies for Defects
In the event you make a valid claim under this Warranty regarding a Defect, Quince’s sole and exclusive liability (and your sole remedy) under this Warranty will be, at Quince’s sole and absolute discretion, to provide repaired or replacement Luggage or parts of Luggage, or to issue a refund in the form of cash or store credit, in each case subject to your fulfillment of your responsibilities as set forth below. Replacement Luggage or parts of Luggage may be provided in a color or style different from the Luggage or parts of Luggage you originally purchased (including, without limitation, as a result of such Luggage or parts being limited edition, discontinued since the time of original purchase, or out-of-stock). For clarity, in circumstances where Quince determines that the appropriate remedy for a valid claim under this Warranty is the replacement of Luggage or parts of Luggage, Quince does not guarantee exact replacement of the same Luggage or parts. E. Process for Making Claims
In the unfortunate event of a Defect, please contact care@onequince.com. For your claim to be reviewed and approved as valid, Quince may require you to provide supplemental information, including, without limitation, the following:
Proof of purchase (including the original date of purchase and the original purchase price and quantity).
Photos or other evidence of the Defect.
A written explanation regarding the reasons for your claim.
Your name, mailing address, email address, and phone number, as well as other contact information.
Quince may provide further information and instructions on how to proceed. If you are required to return any defective Luggage or parts of Luggage, either in connection with an approved claim under this Warranty or to assist Quince in determining the validity of such a claim, Quince will send you a pre-paid shipping label with instructions regarding the return. Please package your Luggage appropriately and drop it off or schedule pick-up with the appropriate carrier. PLEASE DO NOT SHIP ANY LUGGAGE OR PARTS OF LUGGAGE UNTIL YOU RECEIVE INSTRUCTIONS TO DO SO FROM QUINCE AND YOU RECEIVE THE PRE-PAID SHIPPING LABEL. QUINCE WILL NOT REFUND SHIPPING FOR ITEMS SHIPPED PRIOR TO SUCH TIME. If you are required to conduct self-repair of any defective Luggage or parts of Luggage, Quince will ship you the appropriate replacement parts with instructions for such repair. Shipping and processing times for such replacement parts may vary based on availability.
In the event that your claim is not accepted after physical inspection of a returned product by Quince, your Luggage or parts, as applicable, may be shipped back to you ‘as-is’ at your cost. F. Amendments to this Warranty
Quince may update, amend, or modify this Warranty from time to time in its sole and absolute discretion. However, the version of this Warranty that applies to your Luggage will be the version that existed at the time of your original purchase. Luggage or parts of Luggage that Quince issues for replacements or repairs will be subject to the version of this Warranty that exists at the time of such issuance.
II. COOKWARE WARRANTY A. Products Subject to This Warranty
This Section II of this Warranty applies to 5-ply stainless steel cookware (the “Cookware”) manufactured by or on behalf of Quince and purchased directly from Quince, and is limited as set forth below. For all purposes under this Warranty, “Cookware” excludes any products that are purchased or otherwise received from any person other than Quince or its authorized designees, regardless of whether such products were originally manufactured by or on behalf of Quince. This warranty applies to 5-ply stainless steel cookware only. For further clarity, “Cookware” excludes any non-cookware products, regardless of whether such products are otherwise related to cooking or marketed in proximity to cookware. B. Limited Lifetime Warranty
Quince hereby warrants that the 5-ply stainless steel, as sold to you and delivered in its original packaging, will be free of certain defects in material and workmanship set forth below (for purposes of this Section II, “Defects”). This Warranty applies for the reasonable lifetime of the Cookware. “Lifetime” does not refer to the lifetime of the purchaser or any recipient of the Cookware, but to the reasonably foreseeable lifespan of the materials and components that comprise the Cookware. Notwithstanding any provision in this Warranty to the contrary, this Warranty does not cover your Cookware if you use your Cookware in a manner that is incompatible with its intended design (which includes reasonable use for non-commercial, household cooking) or fail to follow any care instructions that are provided with respect to your Cookware, and in all cases Quince reserves the right to void this Warranty at any time with respect to claims that Quince determines in its sole and absolute discretion to be dishonest or fraudulent.
C. Defects Covered By This Warranty THIS WARRANTY COVERS THE FOLLOWING DEFECTS:
Imperfections that are present upon your initial receipt of the 5-ply stainless steel Cookware, materially impact the Cookware’s functioning, and are the result of defects in the manufacturing process (such as handles or rivets that fall off as a result of manufacturing defects).
For non-stick products, major imperfections or dents in non-stick finish that are present upon the initial removal of such products from their packaging.
THIS WARRANTY DOES NOT COVER THE FOLLOWING:
Damage as a result of normal wear and tear including, but not limited to, scratches, dents, dings, scuffs, stains, bends, staining and color changes, dulling, rust, melting, or other changes in a product that occur during normal handling and use by any person (including, without limitation, cooking and other household culinary purposes).
Cosmetic damage that does not impair the functional utility of a product.
Deterioration of non-stick coating, material, or performance after normal handling and use.
Warping, metal separation, or other damage from in connection with high or excessive heat or exposure to thermal shock.
Damage caused by the use of scouring pads, steel wool, abrasive cleaners, bleach, or other inappropriate cleaning or storage methods.
Replacement of any non-defective parts in a product.
Products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that a product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
Products sold by sellers or resellers who are not authorized Quince retailers.
Damage determined by Quince to be due to abuse, neglect, modification, tampering, or alteration beyond what could be considered normal handling and use.
Damage due to unforeseen causes such as accidents or force majeure events (such as fire or flood).
Loss or theft of any products or parts of products.
Personal injuries arising from the use of products.
D. Remedies for Defects
In the event you make a valid claim under this Warranty regarding a Defect, Quince’s sole and exclusive liability (and your sole remedy) under this Warranty will be, at Quince’s sole and absolute discretion, to provide repaired or replacement Cookware, or to issue a refund in the form of cash or store credit, in each case subject to your fulfillment of your responsibilities as set forth below. Replacement Cookware may be provided in a style different from the Cookware you originally purchased (including, without limitation, as a result of such Cookware being limited edition, discontinued since the time of original purchase, or out-of-stock). For clarity, in circumstances where Quince determines that the appropriate remedy for a valid claim under this Warranty is the replacement of Cookware, Quince does not guarantee exact replacement of the same Cookware.
E. Process for Making Claims
In the unfortunate event of a Defect, please contact care@onequince.com. For your claim to be reviewed and approved as valid, Quince may require you to provide supplemental information, including, without limitation, the following:
Proof of purchase (including the original date of purchase and the original purchase price and quantity).
Photos or other evidence of the Defect.
A written explanation regarding the reasons for your claim.
Your name, mailing address, email address, and phone number, as well as other contact information.
Quince may provide further information and instructions on how to proceed. If you are required to return any defective Cookware, either in connection with an approved claim under this Warranty or to assist Quince in determining the validity of such a claim, Quince will send you a pre-paid shipping label with instructions regarding the return. Please package your Cookware appropriately and drop it off or schedule pick-up with the appropriate carrier. PLEASE DO NOT SHIP ANY COOKWARE UNTIL YOU RECEIVE INSTRUCTIONS TO DO SO FROM QUINCE AND YOU RECEIVE THE PRE-PAID SHIPPING LABEL. QUINCE WILL NOT REFUND SHIPPING FOR ITEMS SHIPPED PRIOR TO SUCH TIME.
F. Amendments to this Warranty
Quince may update, amend, or modify this Warranty from time to time in its sole and absolute discretion. However, the version of this Warranty that applies to your 5-ply stainless steel Cookware will be the version that existed at the time of your original purchase. Cookware that Quince issues for replacements will be subject to the version of this Warranty that exists at the time of such issuance.
III. JEWELRY WARRANTY A. Products Subject to This Warranty
This Section III of this Warranty applies to jewelry (the “Jewelry”) manufactured by or on behalf of Quince and purchased directly from Quince and is limited as set forth below. For all purposes under this Warranty, “Jewelry” excludes any products that are purchased or otherwise received from any person other than Quince or its authorized designees, regardless of whether such products were originally manufactured by or on behalf of Quince. For clarity, “Jewelry” also excludes any non-jewelry products, regardless of whether such products are otherwise related to jewelry or marketed in proximity to jewelry.
B. Limited Lifetime Warranty Quince hereby warrants that the Jewelry, as sold to you and delivered in its original packaging, will be free of certain defects in material and workmanship set forth below (for purposes of this Section III, “Defects”). This Warranty applies for the reasonable lifetime of the Jewelry. “Lifetime” does not refer to the lifetime of the purchaser or any recipient of the Jewelry, but to the reasonably foreseeable lifespan of the materials and components that comprise the Jewelry. Notwithstanding any provision in this Warranty to the contrary, this Warranty does not cover your Jewelry if you use or wear your Jewelry in a manner that is incompatible with its intended design (which includes reasonable use as a fashion accessory) or fail to follow any care instructions that are provided with respect to your Jewelry, and in all cases Quince reserves the right to void this Warranty at any time with respect to claims that Quince determines in its sole and absolute discretion to be dishonest or fraudulent.
C. Defects Covered By This Warranty
THIS WARRANTY COVERS THE FOLLOWING DEFECTS:
Imperfections that are the result of defects in the manufacturing process (such as loose diamonds or missing pave stones due to poor setting, malfunctioning clasps, or any other mechanisms and closures suffering manufacturing defects).
THIS WARRANTY DOES NOT COVER THE FOLLOWING:
Damage including, but not limited to, scratches, dents, dings, cracked stones, kinked chains, misshapen bands, scuffs, stains, color changes, normal wear and tear, or other changes in the appearance of a product that occur during normal wearing and use by any person.
Replacement of any non-defective parts in a product.
Products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that a product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
Products sold by sellers or resellers who are not authorized Quince retailers.
Damage determined by Quince to be due to abuse, neglect, modification, tampering, or alteration beyond what could be considered normal handling and use.
Damage due to unforeseen causes such as accidents or force majeure events (such as fire or flood).
Loss or theft of any products or parts of products.
Personal injuries arising from the use of products.
Non-wearable products such as metal bullion and collectibles.
Please also note that irregularities and variations in craftsmanship, as well as the natural characteristics or internal inclusions in colored gemstones, whether visible or not, may be unique features of each item of Jewelry. These attributes contribute to the individual character of a particular item of Jewelry and will not be considered Defects under this Warranty.
D. Remedies for Defects
In the event you make a valid claim under this Warranty regarding a Defect, Quince’s sole and exclusive liability (and your sole remedy) under this Warranty will be, at Quince’s sole and absolute discretion, to provide repaired or replacement Jewelry, or to issue a refund in the form of cash or store credit, in each case subject to your fulfillment of your responsibilities as set forth below. In circumstances where Quince determines that the appropriate remedy for a valid claim under this Warranty is the replacement of Jewelry, Quince does not guarantee exact replacement of the same Jewelry E. Process for Making Claims
In the unfortunate event of a Defect, please contact care@onequince.com. For your claim to be reviewed and approved as valid, Quince may require you to provide supplemental information, including, without limitation, the following:
Proof of purchase (including the original date of purchase and the original purchase price and quantity).
Photos or other evidence of the Defect.
A written explanation regarding the reasons for your claim.
Your name, mailing address, email address, and phone number, as well as other contact information.
Quince may provide further information and instructions on how to proceed. If you are required to return any defective Jewelry, either in connection with an approved claim under this Warranty or to assist Quince in determining the validity of such a claim, Quince will send you a pre-paid shipping label with instructions regarding the return, and you may, in some circumstances, be required to make a deposit of $50 USD in order to cover the cost of evaluation by our expert jewelers. Please package your Jewelry appropriately and drop it off or schedule pick-up with the appropriate carrier. PLEASE DO NOT SHIP ANY JEWELRY UNTIL YOU RECEIVE INSTRUCTIONS TO DO SO FROM QUINCE AND YOU RECEIVE THE PRE-PAID SHIPPING LABEL. QUINCE WILL NOT REFUND SHIPPING FOR ITEMS SHIPPED PRIOR TO SUCH TIME.
In the event that your claim is not accepted after physical inspection of a returned product by Quince, your Jewelry may be shipped back to you ‘as-is’ at your cost. In such an event, if you were required to make a deposit in order to cover the cost of evaluation by our expert jewelers, you may not be entitled to a refund of your deposit.
F. Amendments to this Warranty
Quince may update, amend, or modify this Warranty from time to time in its sole and absolute discretion. However, the version of this Warranty that applies to your Jewelry will be the version that existed at the time of your original purchase. Jewelry that Quince issues for replacements or repairs will be subject to the version of this Warranty that exists at the time of such issuance.
IV. MADE-TO-ORDER UPHOLSTERED FURNITURE WARRANTY
A. Products Subject to This Warranty
This Section IV of this Warranty applies to made-to-order upholstered beds and seating (the “MTO Furniture”) manufactured by or on behalf of Quince and purchased directly from Quince, and is limited as set forth below. For all purposes under this Warranty, “MTO Furniture” excludes any products that are purchased or otherwise received from any person other than Quince or its authorized designees, regardless of whether such products were originally manufactured by or on behalf of Quince. For clarity, “MTO Furniture” also excludes any non-upholstered made-to-order furniture products, regardless of whether such products are otherwise related to MTO Furniture or sold or marketed in proximity to MTO Furniture.
B. Limited Lifetime Warranty
Quince hereby warrants that the MTO Furniture, as sold to you and delivered in its original packaging, will be free of certain defects in material and workmanship set forth below (for purposes of this Section IV, “Defects”). This Warranty applies for the reasonable lifetime of the MTO Furniture. “Lifetime” does not refer to the lifetime of the purchaser or any recipient of the MTO Furniture, but to the reasonably foreseeable lifespan of the materials and components that comprise the MTO Furniture. Notwithstanding any provision in this Warranty to the contrary, this Warranty does not cover your MTO Furniture if you use your MTO Furniture in a manner that is incompatible with its intended design (which includes reasonable, non-commercial, household uses, but excludes, for example, rental or commercial uses) or fail to follow any care instructions that are provided with respect to your MTO Furniture, and in all cases Quince reserves the right to void this Warranty at any time with respect to claims that Quince determines in its sole and absolute discretion to be dishonest or fraudulent. Additionally, recovering the frame of an MTO Furniture product voids all warranties hereunder.
C. Defects Covered By This Warranty
THIS WARRANTY COVERS THE FOLLOWING DEFECTS:
Imperfections that are present upon your initial receipt of the MTO Furniture that are the result of defects in the manufacturing process (such as errors in stitching or ripples in upholstered fabric).
Damages to the frame or internal springs as a result of reasonable, non-commercial, household use.
THIS WARRANTY DOES NOT COVER THE FOLLOWING:
Damage to the fabric or cushions as a result of normal wear and tear, including, but not limited to, scratches, dents, scuffs, stains, bends, color changes, dulling, or other changes in a product that occur during normal handling and use by any person (including, without limitation, normal residential and/or commercial use).
Damage caused by the use of any cleaners or other materials not recommended in the care instructions advertised by Quince.
Damage or failures due to the application of any chemical treatment.
Damage caused by improper cleaning or when heavy soiling or abuse is evident.
Damage caused by use in a rental or commercial setting.
Damage caused by lifting, moving, and/or disassembling/reassembling the product, including, but not limited to, damage caused by carrying the product through stairwells and doorways.
Damage caused by use outside of an indoor, residential environment.
Replacement of any non-defective parts in a product.
Products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that a product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
Products sold by sellers or resellers who are not authorized Quince retailers.
Damage determined by Quince to be due to abuse, neglect, modification, tampering, or alteration beyond what could be considered normal handling and use.
Damage due to unforeseen causes such as accidents or force majeure events (such as fire or flood).
Loss or theft of any products or parts of products.
Personal injuries arising from the use of products.
D. Remedies for Defects
In the event you make a valid claim under this Warranty regarding a Defect, Quince’s sole and exclusive liability (and your sole remedy) under this Warranty will be, at Quince’s sole and absolute discretion, to provide repaired or replacement MTO Furniture or parts of MTO Furniture, or to issue a refund in the form of cash or store credit, in each case subject to your fulfillment of your responsibilities as set forth below. Replacement MTO Furniture or parts of MTO Furniture may be provided in a color or style different from the MTO Furniture or parts of MTO Furniture you originally purchased (including, without limitation, as a result of such MTO Furniture or parts being limited edition, discontinued since the time of original purchase, or out-of-stock). For clarity, in circumstances where Quince determines that the appropriate remedy for a valid claim under this Warranty is the replacement of MTO Furniture or parts of MTO Furniture, Quince does not guarantee exact replacement of the same MTO Furniture or parts.
E. Process for Making Claims
In the unfortunate event of a Defect, please contact care@onequince.com. For your claim to be reviewed and approved as valid, Quince may require you to provide supplemental information, including, without limitation, the following:
Proof of purchase (including the original date of purchase and the original purchase price and quantity).
Photos or other evidence of the Defect.
A written explanation regarding the reasons for your claim.
Your name, mailing address, email address, and phone number, as well as other contact information.
Quince may provide further information and instructions on how to proceed. If you are required to return any defective MTO Furniture or parts of MTO Furniture, either in connection with an approved claim under this Warranty or to assist Quince in determining the validity of such a claim, Quince will send you a pre-paid shipping label with instructions regarding the return. Please package your MTO Furniture appropriately and drop it off or schedule pick-up with the appropriate carrier. PLEASE DO NOT SHIP ANY MTO FURNITURE OR PARTS OF MTO FURNITURE UNTIL YOU RECEIVE INSTRUCTIONS TO DO SO FROM QUINCE AND YOU RECEIVE THE PRE-PAID SHIPPING LABEL. QUINCE WILL NOT REFUND SHIPPING FOR ITEMS SHIPPED PRIOR TO SUCH TIME. If you are required to conduct self-repair of any defective MTO Furniture or parts of MTO Furniture, Quince will ship you the appropriate replacement parts with instructions for such repair. Shipping and processing times for such replacement parts may vary based on availability.
In the event that your claim is not accepted after physical inspection of a returned product by Quince, your MTO Furniture or parts, as applicable, may be shipped back to you ‘as-is’ at your cost.
F. Amendments to this Warranty
Quince may update, amend, or modify this Warranty from time to time in its sole and absolute discretion. However, the version of this Warranty that applies to your MTO Furniture will be the version that existed at the time of your original purchase. MTO Furniture or parts of MTO Furniture that Quince issues for replacements or repairs will be subject to the version of this Warranty that exists at the time of such issuance.
V. TERMS APPLICABLE TO ALL PRODUCT WARRANTIES A. Disclaimer and Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND ALL PARTS AND COMPONENTS OF ANY PRODUCT ARE PROVIDED “AS IS,” AND THIS WARRANTY IS THE EXCLUSIVE WARRANTY WITH RESPECT TO SUCH PRODUCTS AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS WITH RESPECT TO SUCH PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY, IN NO EVENT WILL QUINCE OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE, OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS OR THEIR USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER STATUTE OR THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF QUINCE HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. QUINCE’S TOTAL LIABILITY WILL NOT, IN ANY EVENT, EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY. B. Arbitration
In the event a dispute arises between you and Quince arising out of this Warranty (a “Dispute”), such Dispute will be determined and settled solely by binding, confidential, and individual arbitration and not in a class, representative, or consolidated action or proceeding. You and Quince agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Warranty, and that you and Quince are each waiving the right to a trial by jury or to participate in a class action.
As limited exceptions to the foregoing paragraph: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) you and Quince each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of the parties’ respective intellectual property rights.
The arbitration of a Dispute will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Warranty. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration of a Dispute must submit a written “Demand for Arbitration” to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
The arbitration of a Dispute may be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. Any arbitration hearings will take place San Francisco, California, USA, unless the parties both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
YOU AND QUINCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void. However, other than as provided in the foregoing sentence, if an arbitrator or court of competent jurisdiction decides that any part of this Warranty is invalid or unenforceable, the other parts of Warranty will continue to apply.
For clarity, you must seek arbitration for disputes arising out of this Warranty prior to exercising any rights or seeking any remedies created by Title I of the Magnuson Moss Warranty Act. C. Governing Law and Forum Choice
This Warranty and any action related thereto, including any Dispute, will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict-of-law provisions. Except as otherwise expressly set forth in the arbitration agreement above, the exclusive forum for all Disputes will be the state and federal courts located in San Francisco, California, USA, and you and Quince each waive any objection to jurisdiction and venue in such courts. D. Contact Information for Warrantor
Last Brand, Inc. d/b/a Quince
260 Townsend Street, San Francisco, CA 94107 care@onequince.com