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At Thirty-One Gifts, we want you to be completely satisfied with your purchase. If for any reason a product does not meet your expectations, please contact your Consultant within 90 days of your purchase date or within 90 days of the order shipment date by Thirty-One, whichever is later. Personalized items may only be returned due to our manufacturer’s defect or upon further review by Thirty-One.
For a replacement item request due to our manufacturer’s defect (“Replacement Item”) or a Missing Item request, we will not assess any additional delivery charges to you when we ship the Replacement Item or Missing Item to the original address on your order. Additional charges may apply if you request a different shipping address from your original order.
For a product exchange request not due to our manufacturer’s defect (“Product Exchange”), such as when you change your mind about a product you ordered and want a different item, we will reserve our right to require you to return the original product to us at your expense. We will charge you the flat rate shipping fee for your geographic area, calculated based on the difference between the price of the original product and product for which it is exchanged, when we send the Product Exchange to you. Taxes on the flat rate shipping fee may also apply. We cannot issue Product Exchanges for products that have been personalized (except as noted in the first paragraph of this Return Policy), that are not in good and resalable condition in their original packaging or that were otherwise designated by us as nonreturnable, discontinued or seasonal.
For a refund request not due to our manufacturer’s defect (“Refund”), such as when you change your mind about a product and want a Refund on that product, we will not refund to you the shipping fee that you paid on your original order. We will only refund the price you paid for the applicable product and any taxes directly assessed on that product, as shown on your original sales receipt. We will not issue a Refund on any taxes directly assessed to you on these delivery charges. We reserve our right to require you to first return the product to us at your expense before we issue you a Refund. We cannot issue Refunds on products that have been personalized (except as noted in the first paragraph of this Return Policy), that are not in good and resalable condition in their original packaging or that were otherwise designated by us as nonreturnable, discontinued or seasonal.
If you do not have your original sales receipt, we reserve our right to refuse to honor your Product Exchange or Refund request. Upon further review by Thirty-One of your circumstances in these situations, and in our sole discretion if the conditions of this Return Policy are otherwise satisfied, we may provide you with a gift certificate in lieu of a Product Exchange or Refund.
Gift certificates cannot be exchanged for cash, and Thirty-One is not responsible for lost or stolen gift certificates. If you return an item you purchased with a gift certificate from Thirty-One, we will place the applicable Refund back on the gift certificate (less any applicable delivery charges and taxes, if applicable) and in accordance with our Return Policy.
If an item purchased as part of a promotion or sale that requires a qualifying purchase is returned and the qualifying purchase is no longer met, the pricing will be adjusted and you may be charged the full retail price of the remaining items.
If you have any questions about product Returns, discrepancies, back-ordered items or anything else, please contact your Consultant or the Thirty-One Home Office directly. Your Consultant's information is included on your Insider Summary and Guest Order Summary.
You may contact the Thirty-One Home Office at 1-866-GIFTS31 (866-443-8731) or email Order Support.
Ninety-Day Limited Warranty
Thirty-One warrants to buyer that its products will be free from manufacturing defects for a period of 90 days from the date of shipment of your product order. This warranty does not include damage to the product resulting from accident, misuse, abuse, failure to follow manufacturer’s instructions or normal wear and tear. Personalized items may only be returned due to a manufacturer’s defect or upon further review by Thirty-One. If the product should be found defective within 90 days from the date of shipment of your product order, we will elect to repair or replace it at our option, with no cost to buyer and in accordance with our Return Policy above. WE EXPRESSLY DISCLAIM ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Thirty-One Gifts’ Luggage One-Year Limited Warranty
Your Thirty-One Gifts luggage is covered by a one-year limited warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary by state, province, territory, or country.
A. Products Covered by this Limited Warranty
This limited warranty extends only to certain luggage products purchased directly from Thirty-One Gifts or one of our authorized sales Consultants. These products are: the Small Hardcase Luggage & Large Hardcase Luggage (along with their component parts, the “Luggage”). Luggage is designed to be used for travel by air, car, train, boat, and foot. This Warranty does not cover your Luggage if you use it in a manner incompatible with that intended purpose and design. Please refer to any care label on your luggage for information on how to properly use your product(s).
B. To Whom This Warranty Extends
This limited warranty extends to the original purchaser of any Luggage or, in the case of a gift, the original recipient of the Luggage. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Luggage from Thirty-One Gifts or one of its authorized sales Consultants. The “original recipient” for purposes of this warranty, is the first receiver of Luggage purchased as a gift from Thirty-One Gift or one of its authorized sales Consultants.
This warranty is valid only until the Luggage is owned by the original purchaser/recipient for one (1) calendar year from the date of purchase or receipt. A LEGIBLE COPY OF THE PURCHASE RECEIPT IS REQUIRED TO DETERMINE THIS WARRANTY’S APPLICABILITY (for more details, see Your Responsibilities section).
This limited warranty is not transferable and does not apply to:
- use of the Luggage for commercial or rental purposes;
- normal wear and tear (stains, scrapes, scratches, etc.), as determined by Thirty-One Gifts;
- “Cosmetic Damage” which is defined as scratches, dents, dings, scuffs, stains, color changes, normal wear and tear, technological obsolescence, or other non-functional changes in the appearance of the product that occur during normal handling and use of Luggage by any party and which do not impair the functionality of the product as luggage.
- damage from owner neglect or abuse;
- use inconsistent with the Luggage’s intended design (see Section A above);
- when the Luggage is improperly stored or handled;
- damage not resulting from manufacturing defects that occur while Luggage is in the customer’s possession;
- Any Luggage sold by resellers who are not authorized Thirty-One Gifts sales Consultants.
- Luggage sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Luggage is not “new” or of “first quality,” or has previously been purchased or used by another consumer.
- Loss of functionality due to consumers being locked out of their Luggage.
- unreasonable or untended use of the Luggage;
- failure or dissatisfaction with the Luggage’s appearance;
- acts of God (for example, damage during a flood or fire);
C. Thirty-One Gifts’ Limited Warranty and Responsibilities
Thirty-One Gifts warrants the Luggage in its original packaging sold to you against unreasonable defects in material and workmanship set forth below (“Defects”) for a period of one (1) year from the date of purchase or receipt (as discussed above), when the Luggage is used normally for its intended purposes, when properly handled, and maintained. Failure to comply with these requirements will void your Limited Warranty.
D. What this Limited Warranty Covers
THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS IN THE LUGGAGE:
- Cracks or breaks in the shell;
- Wheels, handles, or telescoping handles that break off and are no longer usable;
- Zippers that can no longer be opened or closed; and
- Fabric tears that render fabric non-functional.
In the event of a Defect, Thirty-One Gifts’ sole and exclusive liability and your sole remedies under this limited warranty will be, at your option (as described more further below in Your Responsibilities):
- Replace the Luggage. Replace and ship replacement Luggage to you within 90 days of receipt of qualifying Substantiation. Replacement Luggage is subject to the same limited warranty as the original Luggage. PLEASE NOTE: This rectification option is while supplies last and replacements cannot be guaranteed. If you wish, and subject to availability, replacement Luggage may be provided in a color or print different from the Luggage you originally purchased, but will be of similar or greater retail value as you originally paid for the Luggage.;
- Product Credit. We will provide you with a credit equal to the price you paid for the Luggage, to be used towards other available Thirty-One products;
- Refund. We will refund you the money you paid for the Luggage.
E. Your Responsibilities
In the event of a Defect and to get the benefit of this limited warranty, you must provide the following to Thirty-One Gifts:
- Satisfactory photo evidence of such Defect;
- Explanation of how the Defect occurred (i.e., what happened to cause the Defect);
- Proof of your original date of purchase;
- How you wish to have your claim rectified (see options above in What This Warranty Covers); and
- A written explanation of the issue(s) with the Luggage and how you feel you are entitled to a replacement or refund, as explained more fully in this Limited Warranty (collectively with the photo evidence and proof of original purchase date, “Substantiation”).
The Substantiation of a Defect must be sent electronically to the Warrantor set forth at the end of this limited warranty. Once sufficient Substantiation is received by Thirty-One Gifts, we will, as we are able, rectify the claim as you have indicated in your Substantiation by providing replacement product, product credit equal to what you paid for your Luggage, or providing a refund equal to what you paid for your Luggage.
F. Disclaimer, Limitation on Liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LUGGAGE IS PROVIDED “AS IS” AND THIS WARRANTY IS YOUR EXCLUSIVE FOR DEFECTS IN THE LUGGAGE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL THIRTY-ONE GIFTS OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE LUGGAGE OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF THIRTY-ONE GIFTS HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIRTY-ONE GIFTS’ TOTAL LIABILITY WILL NEVER EXCEED THE PURCHASE PRICE PAID FOR THE LUGGAGE GIVING RISE TO SUCH LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The dispute resolution procedure described in this section must be utilized before you pursue any legal remedies in a court of law.
In the event a dispute arises between you and Thirty-One Gifts arising out of this Limited Warranty (“Dispute”), such Dispute will be determined and settled solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Thirty-One Gifts agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Limited Warranty, and that you and Thirty-One Gifts are each waiving the right to a trial by jury or to participate in a class action.
As limited exceptions to this Section G: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
The arbitration 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 Limited Warranty. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND THIRTY-ONE GIFTS 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 section shall be null and void.
If an arbitrator or court of competent jurisdiction decides that any part of this Limited Warranty is invalid or unenforceable, the other parts of Limited Warranty will still apply.
You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act.
H. Governing Law and Forum Choice
This Limited Warranty and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Texas, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section G “Arbitration” the exclusive jurisdiction for all Disputes that you and Thirty-One Gifts are not required to arbitrate will be the state and federal courts located in the State of Texas (Dallas County), and you and Thirty-One Gifts each waive any objection to jurisdiction and venue in such courts.
Thirty-One Gifts LLC
951 Garden Ridge Parkway
Flower Mound, TX 75028
To Submit a Claim, Please Email the Information Outline in “Your Responsibilities” to: firstname.lastname@example.org