Terms and Conditions – Extended Warranty Service

 

1. Introduction

These Special Terms and Conditions of Sale (hereinafter referred to as the "Terms") apply to the purchase of a One or Two (1 or 2) year manufacturer's warranty extension "Extended Warranty" concomitant with your purchases made for personal use on the https://www.dreametech.com/pages/after-sales-policy website or the DREAME official online store application (hereinafter the "Website") and to the contract thus concluded between you and DREAME, (hereinafter, "we", "us" or "DREAME"). By subscribing to the "Extended Warranty" manufacturer's warranty, you unreservedly agree to these Terms.

 

2. Availability

a) The Service is optional, chargeable, and offered by DREAME concerning certain DREAME branded products purchased from the official DREAME online store and other providers. (“Products”).

b) The warranty extension can only be purchased in conjunction with the product and cannot be purchased separately. Only one warranty extension can be purchased for each product.

c) The warranty extension period begins immediately after the expiration of the original warranty under the limited DREAME warranty.

 

3. Service Description

a) The Service extends the standard DREAME Limited Warranty ordinarily applicable to the Products and is subject to the same warranty notice. However, this warranty does not affect the customer's contractual or statutory rights against the respective seller, which are free of charge and are not restricted by the warranty. For more information about the DREAME Limited Warranty, including applicable terms and conditions, please see the warranty card supplied with your Product or visit: https://www.dreametech.com/pages/after-sales-policy.

b) Extended warranties may be available from other providers. You may also be covered under your household contents insurance or other policies that you may hold.

c) The Service is not an insurance policy.

d) The Service shall commence upon expiry of the DREAME Limited Warranty period and terminate upon completion of one or two years, subject to the purchased services. (“Service Period”).

e) During the Service Period, the Product will continue to be protected from defects in materials and workmanship under normal use and use in accordance with the respective Product user manual.

f) The warranty only covers material and manufacturing defects that were present at the time of delivery.

g) DREAME or an authorized service center shall not charge the consumer (whether for parts, labor, or otherwise) for repairing or replacing a defective Product during the Service Period.

 

4. What is not covered by the Service

a) The following is not covered:

i. Use of a DREAME product which is not by the “Usage Restrictions” in the User Manual;
ii. Use of a DREAME product in non-ordinary household scenarios, for example, cleaning construction waste, commercial cleaning, or rental;
iii. Use of a DREAME product in an environment with corrosive objects;
iv. Accessories and other consumable parts, such as filters and brushes, unless the consumable part has been damaged due to a defect in materials or workmanship in a non-consumable part of the Product(s);
v. Normal wear and tear and decorative parts damage;
vi. Damage from pre-existing conditions that occurred before the Coverage Term;
vii. Lost or stolen DREAME Products;
viii. Incidental, consequential, or secondary damages, including loss, damage, or injury to person(s) or property, or delay in rendering service under this Plan, or loss of use during the period you are awaiting a replacement;
ix. Products purchased, used, or operated outside North America.

b) The product you purchased is a prototype; the model or serial number does not follow the serial number coding rule for a brand-new complete machine.

 

5. Service Procedures

a) To request a repair under this Service, the consumer must contact DREAME in writing or call our service center within the Service Period. DREAME’s authorized service center carries out the repair service. To book your repair, please get in touch with our customer service team through:

For Email:
support.us@dreame.tech
Calling our service center:
+1 (866) 977-5177(Mon. to Sun. 9:00-21:00 EDT)

b) You must provide proof of purchase indicating the date you purchased the Product. In the absence of proof of purchase or if the proof of purchase is incomplete, DREAME may check the serial number of your Product to determine a deemed date of purchase of the Product and assess if the Service covers the Product. In the event of a covered loss, We will repair or, at Our discretion, replace Your Product or damaged part with a new or refurbished unit. We will carry out the supplementary performance within a reasonable period from when we were informed of the defect and without significant inconvenience to You, taking into account the nature of the goods and the purpose for which You need the goods.

c) Depot Repair

We will provide you with a prepaid shipping label so you can ship your failed covered product to our repair facility. At your own expense, your covered product must be properly protected with bubble wrap or other protective materials. We are not responsible for and have no liability for products damaged during shipping. Your repaired Covered Product will be mailed back to you at no charge. The Administrator must authorize all repairs before work performance, or claims may be denied.

d) Replacement

If Your Covered Product cannot be repaired and is eligible for replacement, we will provide you with a prepaid shipping label for you to ship your failed Covered Product to our facility. Your Covered Product must be properly protected with bubble wrap or other protective materials at your own expense. If the claim to Your Covered Product is covered, a replacement unit will be mailed to you at no charge. The benefits you derive are not to be surrendered or replaced by their value.

 

6. Limitation

a) DREAME will not be liable for any loss or damage caused wholly or mainly by your breach of these Terms and Conditions.

b) To the extent permitted by local laws, DREAME shall not be liable for any loss that is not a reasonably foreseeable consequence of a breach by DREAME of these Terms and Conditions. As a consumer, you shall not use the Product for commercial purposes. DREAME shall, therefore, not be liable to you for any loss of profits, revenue, anticipated savings contracts, or time arising from your use of or inability to use the Product.

c) Nothing in these Terms and Conditions shall exclude or limit DREAME’s liability for death or personal injury caused by its negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

d) DREAME is not responsible for delays outside its control. If an event outside our control delays our fulfillment of the Service, we will contact you as soon as possible to let you know and take steps to minimize the effect of the delay.

e) In any event, DREAME and its supplier’s liability under this warranty shall be limited to the amount paid by the consumer for the Product or the current replacement value, whichever is greater.

 

7. Miscellaneous

a) Cancellation

When you purchase an extended warranty service, we (DREAME) also provide a cancellation option. The specific requirements for canceling your purchased extended warranty service are as follows:
（1）You must submit a cancellation request email to us (support.us@dreame.tech) at least one month before the normal warranty period ends. After receiving your cancellation request and confirming that DREAME will fully refund your account within 7 days, according to your provided account information.
（2）If you purchased a 2-year extended warranty service, which means you enjoy 1+2 years of after-sales service protection, but you submit a cancellation request during the 2nd year of the warranty period, we will charge you for 1+1 years of extended warranty fees. We will refund the remaining amount after deducting the 2-year warranty fee.
（3）We (DREAME) want to remind you that all extended warranty services are calculated annually. Therefore, please consider this clause when canceling the extended warranty service you purchased.

b) Territories

The sale of this Plan is limited to the geographic area of the United States of America, including the District of Columbia. It does not include any U.S. Territories, including Guam, Puerto Rico, or the U.S. Virgin Islands, and it does not include Canada.

c) Dispute resolution/arbitration agreement and class action waiver: please carefully read this dispute resolution/arbitration agreement and class action waiver, including the opt-out provision, to understand your rights. It requires that claims (as defined below) be resolved solely through binding arbitration individually rather than by a jury or in a class action.

Arbitration is a method of resolving any Claim without filing a lawsuit. In this Arbitration Agreement and Class Action Waiver (collectively including all of this section of this Agreement), You, We, and the Administrator (the “Parties”) are agreeing to submit any Claims to binding arbitration on an individual basis for resolution. This Arbitration Agreement and Class Action Waiver set forth the terms and conditions of our Agreement to binding arbitration. The Parties agree that any claims, disputes, and controversies arising under or related in any way to this Agreement, including but not limited to claims related to the underlying transaction giving rise to this Agreement, claims related to the sale or fulfillment of this Agreement, and claims against any third party (including the Selling Retailer and any of its owners, shareholders, members, affiliates, subsidiaries, divisions, directors, officers, employees, representatives, successors, and assigns) arising under or related in any way to this Agreement or the underlying transaction or the sale or fulfillment of this Agreement (collectively, “Claims”), shall be resolved by final and binding arbitration. “Claims” shall be given the broadest meaning possible and includes, without limitation, Claims arising under contract, tort, statute, regulation, rule, ordinance or other rule of law or equity, and Claims against any of Our or the Administrator’s owners, shareholders, members, affiliates, subsidiaries, divisions, directors, officers, employees, representatives, successors, or assigns. “Claims” does not include a claim for public injunctive relief brought under any California statute enacted for a public reason, provided that You are a California resident or purchased Your Service Contract in California. In arbitration, Claims are resolved by an arbitrator and not by a judge or jury. THE PARTIES, INCLUDING YOU, WAIVE ANY RIGHT TO HAVE CLAIMS DECIDED BY A JUDGE OR JURY. In addition, except as expressly stated in the Class Action Waiver or otherwise expressly stated herein, the arbitrator shall have exclusive authority to decide all issues related to the enforcement, applicability, scope, validity, and interpretation of this Arbitration Agreement, including but not limited to any unconscionability challenge or any other challenge that the Arbitration Agreement is void, voidable or otherwise invalid. Notwithstanding this Agreement to arbitrate, each of the Parties retains the right to seek remedies in small claims court to resolve any Claim, on an individual basis, within the jurisdiction of small claims court. You acknowledge Your understanding that all Parties hereunder are waiving their rights to go to court, except for small claims court, to resolve any Claims arising under or related in any way to this Agreement.

The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce. The Parties further agree that all issues relating to this Arbitration Agreement and Class Action Waiver, including its enforcement, scope, validity, interpretation, and implementation, will be determined under federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. Suppose federal substantive law holds that state law should apply to any issue relating to this Arbitration Agreement and Class Action Waiver. In that case, the law of the state where You purchased the Agreement shall apply without regard to conflicts of law.

CLASS ACTION WAIVER. All Claims must be brought solely in an individual capacity and not as a plaintiff or class member in any purported class action, collective action, representative action, mass action, private attorney general action or action on behalf of the general public, or similar proceeding (any such action is referred to herein as a “Class Action”). NO CLAIM WILL BE ARBITRATED ON A CLASS ACTION BASIS. The Parties, including You, expressly waive any right or ability to bring, assert, maintain, or participate as a class member in any Class Action in Court, arbitration, or any other forum, and the right for anyone to do so on Your behalf. The arbitrator may not consolidate more than one person or entity’s claims and may not otherwise preside over any Class Action. The arbitrator shall not have the authority to combine or aggregate multiple persons’ or entities’ Claims or discovery, conduct a Class Action, or award any person or entity not a party to the arbitration. Notwithstanding anything contrary, the Parties agree that the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver shall be decided by a court of competent jurisdiction, not an arbitrator. Suppose this Class Action Waiver is ruled unenforceable or interpreted as not preventing a Class Action. In that case, the Arbitration Agreement shall be null and void, and any Claims shall proceed in a court of law and not in arbitration. The Parties agree that if an arbitrator renders a decision regarding the enforcement, applicability, scope, validity, and/or interpretation of this Class Action Waiver, or determines that a Class Action may proceed in arbitration, then: (1) the arbitrator has exceeded his powers, under §10(a)(4) of the FAA, by taking such action; (2) either party may seek immediate review of that decision by a court of competent jurisdiction, and (3) a court of competent jurisdiction shall apply a “de novo” standard of review of that decision if such standard of review is allowed by the common law or statutes of that state. The Parties, including You, agree that if for any reason a Claim proceeds to Court, rather than arbitration, (1) the Claim will proceed solely on an individual, non-class, non-representative basis, and (2) no Party may be a class representative or class member or otherwise participate in any Class Action.
The American Arbitration Association (“AAA”) shall administer the arbitration. The arbitration shall be conducted under the AAA Consumer Arbitration Rules (the “Code”). Information on AAA and a copy of the Code may be found at the following number and URL: American Arbitration Association, (800) 778-7879, www.adr.org . The arbitration will be governed by federal substantive law and the substantive and procedural provisions of the Federal Arbitration Act (“Act”), 9 U.S.C. §§ 1-16. If federal substantive law holds that state law should apply to any issue relating to the arbitration, then the law of the state where You purchased the Agreement shall apply without regard to conflicts of law. The arbitration will occur before the Code selects a single, neutral arbitrator in effect when the arbitration is commenced. Suppose Your total damage claims (not including attorney’s fees) do not exceed $25,000. In that case, all Claims shall be resolved by the Code’s Procedures for the Resolution of Disputes through Document Submission, except that a Party may ask for a hearing or the arbitrator may decide that a hearing is necessary. If a hearing is held, you can attend the arbitration hearing in person. You may choose to have any arbitration hearing held in the county where You live, the closest AAA location to Your residence, or via telephone. The Parties may agree on a substitute arbitration forum if the specified arbitration forum is unavailable. If the Parties cannot agree, a court of competent jurisdiction may appoint a substitute arbitration forum. The Parties may refer to the AAA Code and forms at www.adr.org or call (800) 778–7879 for information about initiating arbitration with the AAA. If You initiate arbitration with AAA, You must pay the AAA filing fee in an amount no greater than the fee You would have to pay if You filed a complaint in federal court. We will pay any remaining Costs of arbitration required by the Code (“Arbitration Costs”); however, if the arbitrator determines that any of your claims are frivolous, you shall bear all of the Arbitration Costs. If We initiate arbitration against You, We will pay the AAA filing fee and the Arbitration Costs. Each party will pay his/her/its own attorney’s fees and costs relating to proof and witnesses, regardless of who prevails, unless applicable law and/or the Code gives a party the right to recover any of those fees from the other party. An arbitration award may not be set aside except for the limited circumstances in the Federal Arbitration Act. An award in arbitration will be enforceable under the Federal Arbitration Act by any court having jurisdiction. The time for commencing an arbitration asserting any Claim shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a Claim in arbitration is barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration.
Suppose any portion of this Arbitration Agreement is deemed invalid or unenforceable. In that case, all the remaining portions of this Arbitration Agreement shall nevertheless remain valid and enforceable, provided, however, that if any portion of the Class Action Waiver is deemed invalid or unenforceable, then this Arbitration Agreement shall be invalidated and unenforceable in its entirety. In the event of a conflict or inconsistency between this Arbitration Agreement and Class Action Waiver and the other provisions of this Agreement or any other agreement, this Arbitration Agreement and Class Action Waiver governs.
OPT-OUT PROVISION. YOU SHALL HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BY PROVIDING WRITTEN NOTICE OF YOUR INTENTION TO DO SO TO US WITHIN THIRTY (30) DAYS OF THE PURCHASE OF THIS AGREEMENT (THE DATE OF PURCHASE BEING INDICATED ON YOUR SALES ORDER AND RECEIPT FROM THE SELLING RETAILER) . To opt out, You must send written notice to either: (1) support.us@dreame.tech or (2) 3712 PRINCE STREET 9A, FLUSHING, NY 11354, USA, with the subject line, “Arbitration Opt Out.” You must include in Your opt out notice: (a) Your name and address; (b) the date You purchased Your Agreement; and (c) the Selling Retailer. If you opt-out properly and promptly, all claims will be resolved in court rather than arbitration.

d) Jurisdiction

Except where prohibited by law, the laws of the State of California govern Plans purchased in the United States. Suppose these terms are inconsistent with the laws of any jurisdiction where you buy this Plan, including Alabama, Arizona, Florida, Georgia, Nevada, Oregon, Vermont, Washington, Wisconsin, and Wyoming. In that case, the laws of that jurisdiction will control.

e) Entire Agreement

This Plan and Your Purchase Confirmation shall collectively constitute the entire agreement relating to Your extended warranty. These documents will confirm Your eligibility to receive service under this Plan. No verbal or written representations by any Selling Retailer or marketing materials outside this Plan shall be of any legal effect to this Plan.

f) Severability

Suppose any provision of these terms and conditions is held invalid by any government law, rule, order, or regulation or by the final determination of any court of competent jurisdiction. In that case, such invalidity shall not affect the enforceability of any other provisions not held to be invalid.