GEMIO LIMITED WARRANTY
This warranty is applicable to the Gemio-branded band and Tile Set only.
IMPORTANT: PLEASE READ CAREFULLY BEFORE USING YOUR GEMIO-BRANDED DEVICE.
BY USING YOUR GEMIO-BRANDED BAND AND TILE SET (THE “PRODUCT”) YOU ARE CONFIRMING THAT YOU HAVE READ THIS LIMITED WARRANTY AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS LIMITED WARRANTY, DO NOT USE THE PRODUCT AND FOLLOW GEMIO’S RETURN POLICY.
Loop Devices, Inc. (“Gemio”) warrants to the original purchaser of the Product contained in the original packaging against defects in materials and workmanship under normal use in accordance with Gemio’s published guidelines (“Limited Warranty”) for a period of one (1) year from the date of retail purchase (“Warranty Period”). If you reside in the European Economic Area (EEA) and you purchased the Product in the EEA, your Warranty Period is two (2) years from the original date of retail purchase.
This Limited Warranty applies only to the original purchaser of a Product that was purchased from Gemio or an authorized reseller, and manufactured by or for Gemio, that can be identified by an authorized “Gemio” trademark, trade name, or logo affixed to it. This Warranty does not apply: (a) to any non-Gemio products; (b) to consumable parts, such as batteries; (c) to cosmetic damage such as scratches or dents; (d) to damage caused by use with a third party component or product; (e) to damage caused by accident, abuse, mishandling, misuse, fire, earthquake or other external cause; (f) to damage caused by operating the Product outside the published guidelines; (g) to damage caused by service, alteration, refurbishment, or modification by anyone other than Gemio or without the written permission of Gemio; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Product, (i) if any serial number has been removed or defaced from the Product, (j) if Gemio reasonably believes that the Product has been stolen; or (k) to operating the Product (i) outside the permitted or intended uses described by Gemio, (ii) not in accordance with instructions provided by Gemio, or (iii) with improper power supply.
This Limited Warranty is valid only in the jurisdictions where the Products are sold by Gemio itself or through its authorized reseller and is valid to the extent permitted by the applicable laws of such jurisdictions.
If during the Warranty Period you submit a claim to Gemio in accordance with this warranty, Gemio will, at its option:
(a) repair the Product at no charge using new or refurbished replacement parts,
(b) replace the Product with a new or refurbished Product, or
(c) exchange the Product for a refund of your purchase price.
Gemio may request that you replace certain user-installable parts or Products. A replacement part or Product, including a user-installable part that has been installed in accordance with instructions provided by Gemio, will be warranted for the remainder of the original warranty period or 30 days from the date of replacement or repair, whichever is longer, or for any additional period of time that may be required by applicable law.
Gemio may restrict warranty service for Products to the country where Gemio originally sold the device. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges
Shipping and handling charges may apply except where prohibited by applicable law.
As may be required by applicable law, Gemio may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service.
To receive warranty service, all the following conditions must be met:
A return authorization for warranty claims must be requested from our customer service team at firstname.lastname@example.org.
You must return the Product directly to Gemio, at the address specified in the return authorization.
Please ship the product in its original packaging, or packaging providing an equal degree of protection, and include the return authorization.
You are responsible for all shipping costs. We recommend that you use a shipping service with tracking and/or insurance. Gemio does not accept COD deliveries and is not responsible for lost shipments.
Gemio reserves the right to change the method by which Gemio may provide warranty service to you.
It is your responsibility to backup any data, software, or other materials you may have stored on the Product. Gemio is not responsible for and disclaims all liability for any loss of data, software, or other materials during the warranty service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY AND THE REMEDIES DESCRIBED HERE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS) ARE DISCLAIMED BY GEMIO, TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF THESE WARRANTIES CANNOT BE DISCLAIMED, THEN SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GEMIO IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF: USE, (ACTUAL OR ANTICIPATED) PROFITS, REVENUE, GOODWILL, REPUTATION OR DATA RESULTING FROM ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF GEMIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
No Gemio reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Limited Warranty shall be governed by the laws of the State of Washington, USA, without giving effect to any conflict of laws principles.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. OTHER THAN AS PERMITTED BY LAW, GEMIO DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE.