Aarke Warranty Terms & Conditions

Terms for Registered Warranty

This limited warranty (the “Warranty”) is a limited warranty provided voluntary by Aarke Inc, (“Aarke”), relating to certain products put on the market by Aarke (the “Product”), for which a consumer has registered such Product for warranty (“Registered Warranty”) via the website aarke.us and aarke.ca (the “Website”).

Any reference herein to “you” or “yours” is the consumer that has completed a Registered Warranty. The terms and conditions governing the Warranty are set out below.

How to receive a Registered Warranty

To Register the Product for Warranty the following conditions must be met:

• The Product must be of the type for which Aarke offers the Warranty, as specified below,
• The original purchase of the Product must be within the United States and Canada,
• You must be a consumer,
• You must register your Product with Aarke within two years from the date of original purchase of the Product as evidenced by the proof of purchase that is to be provided upon registration, and
• You must accept the terms and conditions for the Warranty – including those relating to privacy and personal data, as set out below.

Products eligible for Warranty: Aarke Carbonator 3, Aarke Carbonator Pro and Aarke Kettle.

Please register the Product  or when logging in (if you already have an Aarke Account) to apply for a Registered Warranty for such Product.

Provided that you have received a confirmation of your registration and that you comply with the terms for Validity of the Registered Warranty, you have received a Registered Warranty for your Product and your Product is covered by the Warranty.

Registered Warranty

After registration of a Registered Warranty, and subject to such Registered Warranty being valid, Aarke hereby warrants that the Product subject to such Registered Warranty is without defects in materials and workmanship for the total period stated below, subject to these terms and conditions. If you however experience that the Product is defective Aarke kindly asks you to make a claim under the Warranty, as set out below.

Period of Registered Warranty

The Registered Warranty applies for the following period:

• For Aarke Carbonator 3 and Aarke Carbonator Pro the Registered Warranty applies for of period of three years from the original purchase date of such Product, and
• For Aarke Kettle the Registered Warranty applies for of period of five years from the original purchase date of such Product.

Claims under the Registered Warranty

If your Product becomes defective and you have a Registered Warranty, you are kindly asked to contact Aarke via the Customer Support Form. After receipt of your claim a representative for Aarke will contact you and may ask for further information, including photos of the Product.

If Aarke, in its sole discretion, finds that you have submitted a valid claim under the Warranty, Aarke will, at its option either (a) repair your Product, (b) replace your Product with a product that is at least functionally equivalent to the Product, or (c) free of charge provide you with a repair kit for the repair of the Product.

In case of repair or replacement of the Product, Aarke kindly asks you to follow the instructions given by Aarke, which may include that you are to arrange for the return of the original Product, at your expense, if so is requested by Aarke, to Aarke or any other addressee as informed by Aarke.

Aarke will always arrange and pay the expenses for returning a repaired Product to you or providing you with a replacement product.

A repaired Product or a replacement product either substitutes the original Product in relation to the remaining Warranty or provides you an additional Warranty during ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.

Limitations of the Registered Warranty

The Warranty does not apply to: (a) products that were bought outside of the United States and Canada, (b) cosmetic damages, including but not limited to scratches and dents; (c) damages caused by external cause, including but not limited to accident, abuse, misuse or heat; (d) damages caused by operating or use of the Product other than in accordance with applicable guidelines from Aarke, including the Product’s user manuals, technical specifications, etc.; (e) a Product that has been modified; or (f) defects caused by normal use or otherwise due to the normal aging.

The Warranty is in addition to, and not instead of, any rights you have under applicable consumer protection regulations and laws. You as a consumer always have the right to choose whether to claim service under the Warranty or to claim service from the original seller of the Product in accordance with the rights provided to you as a consumer under such applicable consumer protection regulations and laws in the relevant country or jurisdiction. For further information about such applicable consumer protection regulations and laws, please contact your local consumer organization.

Privacy and personal data

Aarke’s Privacy Policy will be applicable for all personal data you submit to Aarke in connection with the Warranty and the registration for the same.

With reference to the above, you consent to that Aarke may process such personal data for fulfilling Aarke’s obligations under the Warranty, including but not limited to store, use and process information about you and your contact information, including name, phone numbers, address, and e-mail address, and to provide the same to any third parties subcontracted by Aarke for that purpose.

Furthermore, and with reference to that the Warranty provided by Aarke is a voluntary warranty, you consent to that Aarke may process your personal data to send you special offers and information about Aarke’s products and services, including products and services originating from third parties where such products and services are related to Aarke’s products and services.

Validity of the Registered Warranty

The Warranty is only valid if the following conditions are met:

• The Product is of the type for which Aarke offered the Warranty at the time of registration of the Warranty,
• The original purchase of the Product is within the United States and Canada,
• You are a consumer, and
• You did register your Product with Aarke within two years from the date of original purchase of the Product as evidenced by the proof of purchase that you provided upon registration.

If you at any time after the registration of the Warranty withdraw any of the consents given under the clause Privacy and personal data set out above, the Warranty is terminated with immediate effect. Such termination does not however affect the rights you may have under applicable consumer protection regulations and laws.

Other terms and conditions

All conditions and other terms not set out in the Warranty are excluded from the Warranty. As a result, this Warranty, which is in addition to any other rights you may have under applicable consumer protection regulations and laws, is the only warranty given by Aarke.

In no event shall Aarke under this Warranty be liable for any losses or damages related to the defects in materials and workmanship of the Product, whether foreseeable or not.

The limitation of liability of the Warranty shall not apply to (a) death or personal injury; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded as a matter of law.

Some jurisdictions do not allow limitations on warranties or on how long warranties, conditions and/or implied terms may last, and in that event the Warranty apply only to the extent and for such duration as required by law and is limited in duration to the Warranty period, if applicable under such law. If any of the terms and conditions set out in this Warranty is held to be illegal or unenforceable, it shall be severed from the Warranty and the legality or enforceability of the remaining terms shall not be affected.

Jurisdiction

This Warranty shall be construed and enforced in accordance with the laws of the State of New York, without regard to any conflict of law provisions. The waiver of any provision of this Warranty shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of this Warranty is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Dispute Resolution

In the event of any controversy, claim, action or dispute arising out of or related to this Warranty, or the breach, enforcement, interpretation, or validity of this Warranty ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party not less than 30 days from the date of mailing to respond to the dispute. Notice sent to us shall be sent to the address stated below.

In the event that the parties are unable to resolve the dispute, the parties agree that the dispute shall be settled utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in New York before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.

Company information

Aarke Inc

c/o Batch & Company PC

1150 S. Cedar Crest Blvd. Suite 203

Allentown, PA 18103