These Warranty Terms and Conditions (hereinafter referred to as "this Agreement") define the terms of use for the warranty provided by Fairy Devices Inc. (hereinafter referred to as "the Company") for eligible products supplied to customers. The Company provides this warranty based on the terms outlined in this Agreement. Before using the warranty, customers are required to read the entire Agreement and agree to its terms.
Article 1 (Definitions)
1. "Eligible Product" refers to products sold to customers as development devices among the Company’s products. The details are specified on the Company’s product website at the following URL:
URL：https://mimi.fairydevices.jp/technology/device/thinklet/en/
2. "Initial Defect" refers to a defect in the manufacturing process of the Eligible Product that prevents normal use, such as failure to power on, existing at the time of delivery.
3. "Natural Failure" refers to hardware or OS failures caused by defects in the Eligible Product when used normally by the customer, following the user manual, labels attached to the product, and other instructions.
4. "Accidents Due to Natural Disasters" include damage caused by events such as breakage, fire, explosion, lightning, hail, windstorms, snowstorms, floods, earthquakes, volcanic eruptions, infectious diseases, or wars and conflicts.
5. "This Warranty" refers to the warranty specified in Article 3 (Warranty Coverage) of this Agreement.
Article 2 (Application and Conditions of This Agreement)
1. The terms of this Agreement at the time of the warranty application shall apply to the customer’s warranty request.
2. The term "Company’s website" refers to the website operated by the Company (including any modifications to the domain or content of the website for any reason). The warranty-related rules and provisions posted on the Company's website shall constitute part of this Agreement.
3. In case of any discrepancies between this Agreement and descriptions found on the Company's website, oral explanations, brochures, or other descriptions outside this Agreement, the provisions of this Agreement shall take precedence.
4. If the Company and the customer establish a separate written agreement that differs from this Agreement, the terms set forth in that written agreement shall take precedence over this Agreement.
5. If the Company's partners or third-party service providers establish separate terms for warranty services, those separate terms shall take precedence over this Agreement and the preceding paragraph.
Article 3 (Warranty Coverage)
1. If an Initial Defect occurs within the warranty period, or if a Natural Failure occurs under normal use following the user manual and other guidelines, the Company will replace the Eligible Product with an equivalent or higher model at no charge.
2. The warranty period is as follows:
- Warranty Start Date: The date of delivery stated on the invoice or the date of purchase stated on the receipt.
- Warranty End Date: Six (6) months from the Warranty Start Date.Warranty End Date: Six (6) months from the Warranty Start Date.
3. The maximum number of free replacements is one (1) time within the warranty period.
4. The eligibility for this Warranty shall be reasonably determined based on the following:
(1) The details provided by the customer in their warranty request.
(2) The results of the visual inspection and failure diagnosis conducted by the Company or a designated third-party service provider.
5. Cash compensation will not be provided under any circumstances.
6. This Warranty does not cover any setup beyond the initial factory settings of the replacement unit.
Article 4 (Exclusions from Warranty Coverage)
This Warranty does not cover failures or damages caused by any of the following:
(1) Water ingress into the product.
(2) Cosmetic defects such as minor scratches that do not affect functionality.
(3) Accidental damage caused by the customer or a third party (e.g., drops, exposure to liquids other than room-temperature water).
(4) Use of the Eligible Product in violation of the Company's specified environmental conditions.
(5) Damage caused by viruses, malware, or third-party software not provided by the Company.
(6) Failure or damage caused by external devices other than the Eligible Product.
(7) Failure or damage caused by interactions with external devices.
(8) Failure or damage caused by modifications, including reverse engineering of the Eligible Product.
(9) Irreparable defects caused by product or software specifications.
(10) Repairs conducted by parties other than the Company.
(11) Theft, loss, misplacement, fraud, or embezzlement.
(12) Accidents resulting from natural disasters.
(13) Cases where the actual Eligible Product or its IMEI cannot be verified.
(14) Damage caused by war, armed conflict, riots, terrorism, etc.
(15) Damage caused by radioactive contamination, nuclear fuel materials, or hazardous substances.
(16) Damage caused by government confiscation, seizure, or destruction.
(17) Failures or damages caused by intentional misconduct or gross negligence by the customer.
Article 5 (How to Use This Warranty)
1. To apply for warranty service, please contact the designated support email address (thinklet-sales@fairydevices.jp).
2. The Company will generally respond within 10 business days, but processing times may vary depending on the volume of requests. The Company will not respond to inquiries unrelated to warranty applications.
Article 6 (Precautions Regarding This Warranty)
1. The Company shall not be liable for any data loss or damage caused by the replacement of the Eligible Product. The Company will not restore, transfer, or recover any data stored on the Eligible Product.
2. Customers should remove non-Company SIM cards and accessories before sending the Eligible Product for replacement. The Company will consider any items left attached to the product as forfeited by the customer.
3. Labels, paint, engravings, or modifications applied by the customer will not be restored when replacing the product.
4. The Company does not provide replacement parts for individual components.
5. The following costs shall be borne by the customer even within the warranty period:
(1) Costs for services outside the scope of this Warranty.
(2) Communication fees.
(3) Other consumables.
6. The Company has designated a retention period for replacement devices. If the retention period has expired, the Company may refuse to provide warranty support.
Article 7 (Subcontracting of Services)
The Company may subcontract all or part of the warranty services to a third party at its own expense and responsibility.
Article 8 (Handling of Personal Information)
The customer's personal information will be managed appropriately in accordance with the Company's Privacy Policy.
Article 9 (Termination of Warranty Coverage)
This Warranty shall automatically terminate under the following conditions:
(1) When the warranty period expires.
(2) If the Eligible Product is lost, stolen, or destroyed by fire.
(3) If the customer or a third party makes unauthorized modifications to the product (including software).
(4) If the customer sells, transfers, or leases the Eligible Product to a third party.
(5) If the customer makes fraudulent warranty claims.
(6) If the customer violates any applicable laws or engages in activities contrary to public order and morality.
Article 10 (Liability Limitations)
1. This Warranty only covers the replacement of the Eligible Product as outlined in this Agreement. The Company does not provide any compensation for damages, including lost business opportunities.
2. The Company is not responsible for any loss or damages resulting from the suspension, termination, or modification of warranty services.
3. In cases where the Company is liable, compensation shall be limited to the purchase price of the Eligible Product.
Article 11 (Restrictions on Transfer of Rights)
1. Customers may not pledge, assign, or provide as collateral any rights or status related to this Warranty.
Article 12 (Changes to This Agreement)
1. The Company may amend this Agreement at its discretion under the following circumstances:
(1) The amendments involve changes in service names, wording modifications, or corrections of typographical errors that do not materially affect the content of this Agreement.
(2) The amendments are in the general interest of users.
(3) The amendments are reasonable in light of the necessity of the changes, the appropriateness of the revised content, and other relevant factors, without contradicting the original intent of the Agreement.
2. When making amendments to this Agreement, the Company shall notify users by posting the details of the amendments, the revised Agreement, and the effective date on the Company's website or through other means deemed appropriate by the Company, within a reasonable period before the effective date. However, in the case of amendments as specified in Item (1) of the preceding paragraph, the revised Agreement shall take effect at the time of notification in accordance with this Agreement.
Article 13 (Governing Law and Jurisdiction)
1. This Agreement shall be governed by Japanese law.
2. Any disputes shall be exclusively settled in the Tokyo District Court or Tokyo Summary Court as the court of first instance.
Revision History
February 9, 2025: Initial version