Legal

ATHOS RETURN POLICY AND LIMITED WARRANTY

14 DAY RETURN POLICY

We at MAD Apparel, Inc. (“Athos”) want you to be happy with your Athos product purchase. Therefore we are providing you with this 14 day satisfaction guaranteed return policy. You may return to us any product you purchased through www.LiveAthos.com within 14 days of purchase for a full refund. Product must not be damaged or altered. Refunds will be based on the method of payment. If you purchased an Athos product from a third party, such party will provide information about eligible returns.

To initiate a return, you must first request a return material authorization number (RMA number) from us. You can do that by emailing [email protected]. The RMA number must be included with the product return.

For all returns, the product must be undamaged and include all accessories and documentation.

Refunds will be processed within 14 days of when we receive your valid product return.

LIMITED WARRANTY

In addition to the general return policy above, Athos also warrants that (i) the “Athos Core” hardware component, and the Athos Core charging dock of your new Athos product will be free from defects in workmanship and materials, under normal use, for one (1) year from your original purchase date and (ii) the garment elements of your Athos product will be free from defects in workmanship and materials, under normal use, for ninety (90) days from the date of your original purchase. For clarity, this just applies to the “Athos Core”, dock, and garment elements of the product, and not to the software (even if embedded on the Athos Core hardware).

EXCLUSIONS: This warranty excludes (1) physical damage to the surface of the core product, including cracks or scratches on the casing; (2) damage caused by misuse, neglect, abuse, unauthorized attempts to open, repair, or modify the core product, or any other cause beyond the range of the intended use; (3) damage caused by accident, fire, power changes, other hazards, acts of God or third parties; (4) garment damage caused by the failure to follow washing and/or drying and/or other maintenance instructions affixed to the garment or otherwise provided by Athos, (5) washing the Core (such as hand washing the garment with the Core still snapped in), or (6) use of the Core product with any non-Athos device or services if such device or service causes the problem.

EXCLUSIVE REMEDIES: Should a covered defect occur during the warranty period and you notify Athos, your sole and exclusive remedy shall be, at Athos’s sole option and expense, to repair or replace the product. If we cannot reasonably repair or replace the product then we may, in our sole discretion, refund the purchase price paid for the product. Replacement products or parts may be new, refurbished or comparable versions of the defective item. Repaired or replaced products will only be warranted for the remainder of what would have otherwise been the original warranty term.

OBTAINING WARRANTY SERVICE: To obtain warranty service for any product that is subject to the foregoing warranty, you must first request a return material authorization number (RMA number) from us. You can do that by emailing [email protected]. The RMA number must be included with the product return. Qualified returns will be at Athos’s expense – provided that you use the Athos provided return labels. Products must be shipped to Athos in a manner appropriate for safe shipment. Athos is not responsible for products received without an RMA and may reject such products. Repaired or replacement products will be shipped to you at Athos’s expense. All damaged or defective products or parts that are returned to Athos become the property of Athos once you have received your replacement products.

DISCLAIMER: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.

LIMITATION OF LIABILITY: NEITHER ATHOS NOR ITS SUPPLIERS SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE SALE OR USE OF THIS PRODUCT, EVEN IF ATHOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ATHOS’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT ATHOS’S SOLE OPTION.

NOTICE: Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. This warranty gives you specific legal rights; you may have other rights that may vary depending on local law. Your statutory rights are not affected.

GOVERNING LAW: This Limited Warranty shall be governed by the laws of the State of California, USA, and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.

MAD Apparel, Inc.
201 Arch Street
Redwood City, CA 94062
[email protected]