Warranty

R&R Digital Pty Ltd Warranty

This Warranty is provided by R&R Digital Pty Ltd (ABN: 21 669 442 602) (we, us or our) to the person, organisation or entity identified in the Sales Terms and Conditions (you or your). Together, we are referred to as the Parties, and individually as a Party. This Warranty forms part of and is incorporated into the Sales Terms and Conditions.

R&R Digital Pty Ltd provides this Warranty in relation to defects in your EZtape products.

About us We develop products designed to support natural nasal breathing and promote better sleep, wellbeing and appearance. Protecting your legal rights You have rights under Australian law, including the Australian Consumer Law, in relation to your EZtape products. Nothing in this Warranty is intended to remove, restrict or replace those rights. Contact us If you have any questions about this Warranty or need assistance with a claim, please contact us using the details below. R&R Digital Pty Ltd ABN: 21 669 442 602 Address: Level 19, 10 Eagle Street, Brisbane City, QLD 4000, Australia Phone: 0488 575 232 Email: hello@eztape.au

1. YOUR LEGAL RIGHTS

1. The rights and benefits provided by this Warranty are additional to, and do not limit or replace, your rights and remedies under Australian law, including the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth).
2. Consumer guarantees under the Australian Consumer Law do not have a fixed expiry date. They generally continue for the period that would reasonably be expected, having regard to factors such as the price, nature, quality and expected lifespan of the EZtape products, as well as any representations made about them.

Our goods 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.

2. WARRANTY PERIOD

1. Subject to this Warranty and without limiting your rights under Australian law, this Warranty begins on the date your EZtape products are dispatched under the Sales Terms and Conditions and continues for 12 months (Warranty Period).
2. This Warranty describes the period during which we will provide the remedies set out below for an eligible defect. Your rights under the Australian Consumer Law may continue after the Warranty Period ends.

3. HOW WE WILL HONOUR THIS WARRANTY

1. Subject to this Warranty, including the requirements for making a valid claim under clause 5, we will use reasonable endeavours to remedy any defect in your EZtape products during the Warranty Period at our cost.
2. At our discretion, we may:
1. replace the affected EZtape products; or
2. exchange the affected EZtape products for a new item.
3. To the maximum extent permitted by law, an exchange under clause 3.2 may be treated as your sole and exclusive remedy for the relevant defect. This does not limit or exclude any rights you have under the Australian Consumer Law.
4. If the required materials, parts, features or product model are unavailable or no longer manufactured, we will use reasonable endeavours to provide a suitable equivalent.

4. WHEN THIS WARRANTY APPLIES AND EXCLUSIONS

1. Subject to this Warranty, we warrant that your EZtape products will be free from defects during the Warranty Period.
2. To the maximum extent permitted by law, we are not responsible under this Warranty for a defect caused or contributed to by any of the following:
1. an act or omission, accident, misuse, abuse or negligence by you or by a third party not engaged by us;
2. failure to properly maintain the EZtape products in accordance with our instructions, guidelines, manuals or brochures;
3. failure to follow instructions or guidelines provided by us or the manufacturer, including instructions about the conditions or environment in which the EZtape products should be used;
4. using the EZtape products for a purpose or application not specified or approved by us or the manufacturer;
5. continuing to use the EZtape products after a defect becomes apparent, where that continued use is unreasonable;
6. failing to notify us of a defect within a reasonable time after you become aware, or ought reasonably to have become aware, of it;
7. ordinary wear and tear;
8. cosmetic damage, including scratches, dents or broken plastic on ports, cords or controllers, unless the damage results from a defect in materials or workmanship;
9. an act of God or force majeure event, including war, riot, invasion, terrorism, contamination, earthquake, flood, fire, natural disaster or any other event outside our or the manufacturer’s reasonable control; or
10. any repair, replacement, maintenance or other alteration carried out by you or by a person other than us or the manufacturer.
3. To the maximum extent permitted by law, this Warranty may become void if work or services performed by us, including repairs, are altered, tampered with or otherwise compromised by you or another person without our prior written consent.
4. To the maximum extent permitted by law, we are not responsible for delays, or costs resulting from delays, in providing services under this Warranty or assessing a claim.
5. Domestic use only: EZtape products are designed for personal household use and are not intended for commercial applications. Commercial use includes use in commercial gyms, spas, wellness centres, chiropractic or medical offices, healthcare facilities, churches, police or fire departments, government agencies, residential communities, hotels, cruise ships, schools or universities.
6. Using EZtape products for commercial purposes may void this Warranty to the maximum extent permitted by law. This does not limit any rights that cannot legally be excluded under the Australian Consumer Law.

5. MAKING A WARRANTY CLAIM

1. To make a claim under this Warranty, you must:
1. email us at hello@eztape.au as soon as possible after discovering the defect and, in any event, within 30 days after becoming aware of it;
2. provide information or evidence reasonably requested by us to assess the claim, including photographs, a description of the defect and details of when it occurred; and
3. provide proof of purchase from us if requested.
2. After assessing your claim, we will notify you whether it is valid under this Warranty. If the claim is accepted, we will advise which remedy applies under clause 3.
3. Where applicable, we will provide prepaid postage labels and instructions for safely packaging and addressing the EZtape products. Instructions will be provided by email.
4. If we repair, replace or exchange the EZtape products, we will send the relevant repaired, replacement or exchanged product to you. We will cover shipping to and from the address you provide, provided you follow our packaging and shipping instructions.
5. We may change the way services are provided under this Warranty. Service availability, parts, response times and available remedies may vary depending on the country where service is requested.
6. You may be responsible for shipping, handling, customs duties, VAT, taxes or other charges if the EZtape products cannot be serviced in the country where they are located, or if service is requested outside the original country of purchase.
7. If international service is available, we may repair or replace the EZtape products or parts with comparable products or parts that comply with applicable local standards.
8. To the maximum extent permitted by law, any determination made by us under this clause 5 will be final and binding.

6. GENERAL TERMS

1. Sales Terms and Conditions: This Warranty is subject to the Sales Terms and Conditions. If there is any inconsistency or ambiguity between the two documents, the Sales Terms and Conditions will prevail.
2. Limitation of liability: To the maximum extent permitted by law, our liability under this Warranty is limited or excluded in accordance with the limitations or exclusions set out in the Sales Terms and Conditions.
3. Consequential loss: To the maximum extent permitted by law, we are not liable for any Consequential Loss.
4. Governing law and jurisdiction: This Warranty is governed by the laws of Queensland and the Commonwealth of Australia. Each Party submits irrevocably and unconditionally to the exclusive jurisdiction of the courts operating in Queensland.
5. No third-party reliance: This Warranty benefits you only. No other person or third party may rely on or make a claim under it.
6. No assignment or transfer: You may not assign or transfer this Warranty or any benefit under it to another person or third party.
7. Severance: If any provision, or part of a provision, is found to be invalid or unenforceable in a jurisdiction, it will be interpreted as narrowly as necessary to make it valid and enforceable. If this is not possible, the affected provision or part will be severed, and the remaining provisions will continue in full force and effect.

7. DEFINITIONS

Capitalised terms used in this Warranty have the meanings given to them in the Sales Terms and Conditions. In addition:

Consequential Loss includes consequential, indirect, actual or anticipated loss of profit, benefit, revenue, business, goodwill, opportunity, savings, reputation or use, and any loss or corruption of data, whether arising under statute, contract, equity, tort, negligence, indemnity or otherwise.

Defect means a failure of the EZtape products to comply with the requirements of the Sales Terms and Conditions due to our default. Defective has a corresponding meaning.

EZtape products means the products supplied by us to you under the Sales Terms and Conditions, including any EZtape-branded accessories included in the original product packaging.

Sales Terms and Conditions means the sales terms and conditions entered into by the Parties in relation to the EZtape products.