Warranty

AVA'S WARRANTY  

THIS WARRANTY GRANTS YOU SPECIFIC RIGHTS AND YOU MAY ALSO BENEFIT FROM OTHER RIGHTS SET OUT IN THE LEGISLATION OF YOUR COUNTRY, REGION OR STATE. IN FACT, IN OTHER COUNTRIES, REGIONS OR STATES, THE CONSUMER'S RIGHT MAY IMPOSE A MINIMUM WARRANTY PERIOD. UNLESS PERMITTED BY LAW, AVA DOES NOT EXCLUDE, RESTRICT OR SUSPEND ANY OTHER RIGHTS YOU MAY HAVE. FOR A BETTER UNDERSTANDING OF YOUR RIGHTS, WE RECOMMEND CHECKING THE LEGISLATION OF YOUR COUNTRY, REGION OR STATE. 

This Contractual Warranty only applies to the components of the AVA Product (hereinafter, the "Product") as originally supplied, and does not apply to any software or other equipment belonging to AVA or third parties, for which an end user licence or separate disclaimers of warranty have been supplied or are intended to be applied. 

"In accordance with the terms of that set out in Decree-Law no. 84/2021, of 18 October (regulating consumer rights in the purchase of digital goods, content and services, transposing Directives (EU) 2019/771 and (EU) 2019/770) , all equipment sold after 01/01/2022 is covered by a goods satisfaction warranty corresponding to a period of 3 (three) years, except for second hand goods, the warranty period for which is 18 months from the respective delivery to the customer, once the brand warranty conditions have been met." 

Decree-Law no. 84/2021 of 18 October: https://dre.pt/dre/detalhe/decreto-lei/84-2021-172938301 

 

 

1. Product limited warranty

Ava warranty the original purchaser that their AVA Product will be supplied without material or manufacturing defects under normal use during the warranty period. Unless stipulated to the contrary in the applicable legislation, the warranty has a duration and is supplied for 36 months, according to the legally established terms. Despite the clause indicated above, Ava does not exclude, limit or suspend the legal minimum period for warranty imposed by the applicable legislation. Ava does not warranty that the functioning of the Product will be continuous or without errors. 

 

2. Solutions  

If any defect should be found in the hardware and a valid claim submitted to Ava within the warranty Period, Ava will (1) repair the Product at no extra cost, using new replacement parts, (2) replace the Product with a new products or (3) refund the customer for the Product, excluding any shipping costs paid. 

In the event of a defect, to the maximum extent permitted by law, these are the only conditions available. Shipping and handling costs may be applied, except when prohibited by the applicable legislation. 

Any replacement of hardware of the product will be warranty until the end of the original warranty period or for thirty (30) days, whichever is longer, or for the additional period of time that may apply according to the customer's jurisdiction. 

3. How to obtain the warranty service  

In accordance with the applicable legislation, Ava may ask the customer to provide proof of purchase of the Product.

4. Exclusions and limitations 

Unless stipulated otherwise by Ava this Limited warranty only applies to Products produced by or for Ava, which must bear the registered trademark, trade name or the "Ava" logo.

The Limited Warranty does not apply to: (a) any damage as a result of acts of nature or causes of force majeure, for example, thunderstorm, tornado, flood, fire, earthquake or other external causes; (b) any case of negligence; (c) cases of commercial use; (d) alterations or modifications of any part of the Product; (e) damage caused through use together with products not produced by Ava; (f) damage caused by accident or misuse; (g) damage caused by the use of the Product other than for the permitted or intended use described by Ava or with inappropriate voltage or power supply; (h) damage caused through maintenance (including updates and expansion) caused by third parties not representing Ava or (i) failure to follow the instructions related to the use of the Product.

The recovery and re-installation of the user's software programmes and data are not covered by this Limited Warranty. No reseller, agent or employee of Ava is authorised to make any modification, extension or addendum to this Limited warranty. If any term should be considered illegal or unenforceable, the legality and validity of the remaining terms shall not be affected nor compromised.

 

5. Implicit warranties

Unless forbidden by applicable legislation, all implicit warranties (including warranties for marketing and adaptation for a specific purpose) must be limited to the duration of this limited warranty. Some jurisdictions do not allow the imposition of limits upon the duration of an implicit warranty, for which reason the aforementioned limitation may not be applicable in your case. 

 

6. Limitation of damages

Unless prohibited by the applicable legislation, Ava may not be held liable for any accidental, indirect, special or consequent damage, including but not limited to possible loss of earnings, profit or data, damage resulting from a violation of the warranty or express or implicit condition or damage verified under any legal theory, even when Ava has been informed of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of special, indirect, accidental or consequential damage, for which reason the aforementioned limitation may not be applicable in your case.

 

7. Warranty services in the West EU area. 

In accordance with the legislation of the European Union, Ava offers a warranty service in the countries in which it officially sells its products. 

As applicable by law, if you have acquired the product from a non-official retailer, the warranty and liability therefor do not lie with Ava. This being the case, Ava recommends you to contact the retailer you bought the Product from directly. 

 

8. Contact details for AVA 

For more information, please see www.avathletes.com/info/. 

The contact entity for the after-sales service may be any person belonging to Ava's network of authorised distributors or the end seller that sells you the products. In case of doubt, contact the entity designated by Ava for this purpose.