As a part of the Diono Crash Exchange Program Policy (Exchange Policy), Diono, L.L.C., a Washington limited liability company (Diono U.S.A.), and its wholly-owned foreign subsidiaries, Diono ULC, a Canadian unlimited liability company (Diono Canada), Diono Ltd., a United Kingdom limited company (Diono U.K.), and Diono GmbH, a German company with limited liability (Diono E.U.) (Diono U.S.A., Diono Canada, Diono U.K., and Diono E.U. shall be collectively referred to herein as Diono), permits qualifying customers (collectively, Customers) to replace their damaged Diono car seats (collectively, Products) with suitable replacement products in accordance with the Product exchange program detailed in this Exchange Policy (the Program).
1.1 General. The Program does not provide any compensation or other benefit to any Customer other than the replacement of a damaged Product (an Original Product) with a new suitable equivalent Product (a New Product) in accordance with this Exchange Policy. Customer participation in the Program is entirely voluntary.
1.2 Registration Requirements. To qualify for the Program, a Customer must have completed the online Product registration form, and mail the owner registration card included in the Original Product purchase to Diono within (30) days of such purchase and still be in the subscription program.
1.3 Qualifying Crashes and Damaged Products. A Customer is eligible for the replacement of an Original Product with a New Product under the Program if the Customer has been involved in a significant automobile accident with the Original Product in the U.S., Canada, the European Union, or the United Kingdom (a Crash), the Original Product is materially damaged, and such Customer otherwise meets all of the requirements detailed in this Exchange Policy. A Crash is considered significant under this Exchange Policy if the vehicle is totaled or substantially distorted, while an Original Product is considered materially damaged if any functional aspect such product does not function as it is intended.
1.4 Exchange Period. An Application (as defined below) for a New Product exchange under the Program must be received by Diono within [60 days] of the Crash. Any Application received by Diono after such period will not be accepted.
1.5 Qualifying Products. Only Products that have been produced by Diono within the last [9] years or less can qualify for replacement under the Program. Original Products purchased from parties other than Diono or its authorized sellers, or purchased second-hand from any party, do not qualify for exchange under the Program. The Program also does permit exchange for Products purchased and used for commercial purposes.
1.6 Police Reporting. To qualify for a New Product replacement under the Program, the Crash in which the Original Product was damaged must be reported to local law enforcement. A Customer must obtain a report of such Crash from such authorities (a Police Report) in order to submit an Application and qualify for an exchanged New Product under this Exchange Policy.
2.1 Replacement Application. To obtain an exchanged New Product under the Program, a Customer must submit a application via Diono’s online portal (Application) that includes the following information and documentation:
- Customer’s name, mailing address, e-mail address, and phone number;
- One or more photographs of the Customer’s automobile after the Crash;
- One or more photographs of the Original Product after the Crash;
- A detailed description of the Crash, namely, damage to the Customer’s automobile and Original Product, location of the Crash, and other relevant information;
- Copy of the Police Report; and
- The serial number and manufacturing date of the Original Product.
2.2 Product Inspection. Should Diono initially approve an Application under the Program, Diono will notify Customer that they must ship their Original Product to Diono for evaluation. Customer must then send the Original Product to Diono for testing and evaluation. Any damages or loss to the Original Product in transit to Diono will be borne entirely by the Customer.
3.1 Evaluation; Additional Inquiries. Determining whether a Customer’s Crash is significant, whether the Original Product is materially damaged, and whether Customer has fulfilled all of the other requirements and obligations under this Exchange Policy to qualify for a New Product is entirely at Diono’s own discretion. Submitting an Application does not automatically result in a New Product exchange, and Diono reserves the right to request additional information or documentation concerning any facts or evidence provided in a Customer’s Application or their Original Product before making a final determination as to the approval or rejection of such Application.
4.1 Timeframe. Should Diono review a Customer’s Application, examine their Original Product, and find that the Customer qualifies for a New Product exchange under the Program, a New Product will be sent to Customer within [30] days of receiving the Original Product.
4.2 Replacement Products. A New Product will be a Product of similar value to the Original Product as determined in Diono’s sole discretion. All New Products will be subject to the same terms and conditions pertaining to any Product purchased from Diono’s website (www.diono.com). Diono will arrange delivery of a New Product via its own designated carrier and in accordance with Diono’s Shipping and Delivery Policy.
5.1 Insurance Policies. Automobile insurance policies may offer coverage for the replacement of damaged Products. Diono recommends that Customers contact their insurance carriers to verify such coverage. No Customer may exchange an Original Product under the Program in addition to seeking an insurance claim for such Product.
6.1 Changes to Policy. Diono reserves the right to amend the Exchange Policy or cancel the Program without notice at any time for any reason at Diono’s sole discretion.
7.1 Diono Customer Support. Should any Customer have questions about the Program, Diono recommends to contacting Diono Customer Service at +1 855-463-4666 (7:00 A.M. to 4:00 P.M. PST) or support@diono.zendesk.com for help or assistance.