LIMITED PRODUCT WARRANTY
THIS LIMITED PRODUCT WARRANTY PROVIDES YOU WITH THE SPECIFIC RIGHTS. IN YOUR STATE, COUNTRY, OR JURISDICTION YOU MAY HAVE OTHER RIGHTS NOT SPECIFIED IN THIS WARRANTY. OTHER THAN AS PERMITTED BY LAW, WE DO NOT EXCLUDE, LIMIT OR SUSPEND ADDITIONAL LEGAL RIGHTS YOU MAY HAVE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS PLEASE CONSULT THE LAWS OF YOUR STATE, COUNTRY, OR JURISDICTION.
1. WHAT IS COVERED BY THIS LIMITED PRODUCT WARRANTY?
BetterMe Limited (“BetterMe” or “we”) warrants new BetterMe Bands (the “Product”) available for purchase through BetterMe’s web store or its applications (the “Store”) against defects in materials and workmanship under normal use in accordance with the User Guide for the period indicated in the section “HOW LONG IS THE LIMITED WARRANTY PERIOD?” below (the “Limited Warranty”).
2. WHAT IS NOT COVERED BY THIS LIMITED WARRANTY?
This Limited Warranty does not cover:
• normal wear, tear, and aging (including, discoloration or stretching);
• cosmetic damage (including, scratches or dents);
• damages or defects caused by accident (including, fire, flood, earthquake, etc.), misuse, abuse, alteration, modification, unusual stress, improper or unauthorized repair, installation, wiring, or storage, use with unsuitable devices, software, and services, or by other external causes;
• consumables and accessories (including, batteries, bracelets, or cables);
• any use of the Product (1) in a way that is not permitted or intended by BetterMe, (2) in violation of BetterMe’s instructions related to the Product’s usage, or (3) with improper power supply or voltage.
The Limited Warranty applies only to the original purchaser of the Product that was bought through the Store. It can not be assigned or transferred to any subsequent purchaser. BetterMe does not warrant that the operation of the Product will be error-free or uninterrupted.
3. HOW LONG IS THE LIMITED WARRANTY PERIOD?
The Limited Warranty is valid for 1 (one) year from the Product’s delivery date.
An exception is applicable if you reside in the European Economic Area (the “EEA”) and bought the Product in the EEA – in such a case the warranty period is 2 (two) years from the delivery date (the “Limited Warranty Period”). Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EU directive 99/44. These rights are not affected by this limited warranty.
If you are a customer based in Australia, the Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
4. HOW TO OBTAIN THE LIMITED WARRANTY SERVICE?
If you decide to use the Limited Warranty, please contact our support team via firstname.lastname@example.org for further instructions indicating the following details: name, order number, and a short description of your issue with the Product. We may require to furnish proof of purchase details and/or to comply with other requirements before proceeding with the warranty service.
5. WHAT WILL BETTERME DO IF YOU REQUESTED THE LIMITED WARRANTY SERVICE?
If during the Limited Warranty Period, you submit a claim for warranty in accordance with this Limited Warranty, and we decide that your Product is covered by the Limited Warranty, we will, at our discretion and to the extent permitted by law, either (1) repair the Product at no charge, or (2) replace the Product with a new one for free. In case the repair and replacement of the Product are impossible for whatever reason at the time of your claim consideration, we will provide you with a refund of the Product’s purchase price. The repair and replacement of the Product may lead to alteration or loss of the data stored in the Product. It is your responsibility to backup any data you have stored in the Product, as well as its further recovery, and BetterMe shall not be liable for any damage or loss associated with its alteration or loss.
6. IMPLIED WARRANTIES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (including Australian Consumer Law), ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some countries, states, and jurisdictions do not allow limitations on the duration of the implied warranties, so they may not apply to you.
7. LIMITATION OF DAMAGES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (including Australian Consumer Law), IN NO EVENT SHALL BETTERME (AND OUR AFFILIATES) BE LIABLE FOR ANY LOST PROFIT OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES RESULTING FROM ANY BREACH OF THE LIMITED WARRANTY OR IMPLIED WARRANTY. Some countries, states, and jurisdictions do not allow the exclusion or limitation of the indicated damages, so they may not apply to you.