Updated: 9 December, 2021

This Limited Warranty (this “Agreement”) applies to all FORM Smart Swim Goggles (“Goggles”) manufactured by or for FORM Athletica Inc. (“FORM”) and sold to you in the UK or a member state of the European Union (“EU”) via any website whose domain ends in “formswim.com” (collectively, the “Site”), or through FORM’s authorized UK or EU distributors and resellers listed on the Site (see: UK and EU Authorized Sellers) (the “Authorized Reseller(s)”).

This Agreement contains important terms that, among other things, affect FORM’s liability and your legal remedies against FORM. This Agreement is in addition to, and does not override, your statutory rights in your country of residence that cannot be waived or limited by contract. Consumers are free to make a warranty claim under this Agreement. They may also exercise their statutory consumer rights.

1. Limited Warranty

(a) Scope and Period. For a period of two (2) years from the original date of purchase (the “Warranty Period”), FORM warrants to you that the Goggles will perform as described and be free from any manufacturing defect (the “Limited Warranty”). 

If the Goggles were purchased from FORM or an Authorized Reseller online, the date of purchase is the date on which the Goggles were delivered to you and you took ownership thereof. If the Goggles were purchased from an Authorized Reseller at a physical location, the date of purchase is the date of the invoice issued at the physical location. No Authorized Reseller is authorized to make any modification, extension or addition to this Limited Warranty. 

(b) Defects. During the Warranty Period, your legal rights entitle you to the following in respect of any defective Goggles: 

(i) within 30 days of the date of purchase, you can get a full refund (including shipping and handling costs).

(ii) between 31 days and six (6) months of the date of purchase, you may return any defective Goggles but you must give FORM one opportunity to repair or replace them before you can claim a refund; and 

(iii) six (6) months or more from the date of purchase, you may return any defective Goggles but you must give FORM one opportunity to repair or replace them before you can claim a partial refund, and the burden of proof is on you to prove the Goggles are faulty.

(c) Repair or Replacement. Where you bring a warranty claim in accordance with this Agreement, FORM may elect to: 

(i) repair the defective part of the Goggles free of charge with new or refurbished parts; 

(ii) replace the defective Goggles with new Goggles; or 

(iii) if FORM, in its sole discretion, determines that it is not reasonable to repair or replace the Goggles as provided under (i) or (ii) (for example, because the cost of repair or replacement is disproportionate to the value of the Goggles), FORM may pay you a full or proportionate (depending on whether you have owned the Goggles for less than, or more than, six months) refund of the purchase price you paid for the Goggles. 

(d) Application of Limited Warranty to Replacement Goggles. Where the Goggles are repaired or replaced during the Warranty Period, except as otherwise prohibited by applicable laws, the warranty for the repaired or replaced Goggles, as applicable, will expire upon the expiration of the original Warranty Period. In order to receive warranty service or support under the Limited Warranty, you must first return the defective Goggles to FORM or its authorized service provider (as directed by FORM). FORM will refund you the cost of return.

(i) Where there has been a replacement of the Goggles, the replacement Goggles provided pursuant to the Limited Warranty become your property and the defective Goggles being replaced become FORM’s property. 

(ii) Where there is a refund, you will return the defective Goggles to FORM and such Goggles become FORM’s property.

(e) Exclusions. The Limited Warranty does not apply:

(i) to normal wear and tear;

(ii) if the Goggles or any of the Goggles’ parts are opened, disassembled, or repaired by someone not authorized by FORM;

(iii) if the Goggles were not purchased from FORM or its Authorized Resellers;

(iv) to damages caused by misuse, proximity or exposure to heat, accident, abuse, neglect, misapplication, your failure to abide by the use, safety, and maintenance instructions contained in the packaging of the Goggles, including, without limitation, a failure to follow such instructions regarding use of the Goggles with any equipment, peripherals, or accessories other than those authorized by FORM to be used with the Goggles, or repairs or modifications made to the Goggles by anyone other than FORM or its authorized service providers;

(v) to cosmetic or other physical damage (including scratches) to the surface or coating of the Goggles;

(vi) to any Goggles where the serial number has been removed or that have been damaged or rendered defective as a result of misuse, abuse, contamination, improper or inadequate maintenance or calibration, or other external causes;

(vii) to malfunction or defects resulting from the use of the Goggles in connection with accessories, services or ancillary or peripheral equipment or improper voltage or power supply not expressly approved or provided by FORM, and where it is determined by FORM that such malfunction or defect is not the fault of the Goggles itself; 

(viii) to any third party software installed on the Goggles without authorisation from FORM; 

(ix) to use of the Goggles for commercial purposes; and

(x) to Goggles sold outside the UK or the EU.

2. How to Make a Warranty Claim

(a) Please submit any warranty claim promptly. We recommend that you submit your claims within 14 days of noticing the defect to prevent further damage to the Goggles that would make it difficult to determine if the defect is inherent to the Goggles or due to your misuse.

(b) Please submit any warranty claim by contacting us in writing in accordance with Section 3 of this Agreement. You should provide us with a clear explanation and picture of the alleged defect, together with a proof of purchase (if you still have one).

3. Returning the Goggles

(a) FORM is the provider of the Limited Warranty. FORM’s warranty contact information can be found at formswim.com/contact-us. In the event you return the Goggles to FORM outside of the Warranty Period, FORM’s standard repair terms and charges may apply. 

(b) Please review the Goggles’ use, maintenance, and safety instructions contained in the packaging, as well as our “How To” articles and other instructions online at support.formswim.com.  

4. Our Responsibility for Loss or Damage suffered by You

a. Liability for foreseeable loss or damage. If FORM fails to comply with this Agreement, it will be responsible for loss or damage you suffer that is a foreseeable result of FORM breaking this Agreement or FORM failing to use reasonable care and skill, but FORM is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both FORM and you knew it might happen, for example, if you discussed it with FORM during the sales process.

b. Unlawful exclusions or limitations of liability. FORM does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by FORM’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goggles as summarised in Section 1; and for defective products.

c. Damage to digital content. If defective digital content which FORM may have supplied with the Goggles damages a device or digital content belonging to you and this is caused by FORM’s failure to use reasonable care and skill, FORM will either repair the damage or pay you compensation. However, FORM will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions. In any event, you should backup all data on your Goggles at regular intervals.

d. Business losses. FORM only supplies the Goggles for domestic and private use. If you use the Goggles for any commercial, business or re-sale purpose FORM will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

5. Transferability of Limited Warranties

This Agreement applies to the original purchaser of the Goggles. However, you may transfer our Limited Warranty described in Section 1 to a person who has acquired the Goggles, provided that the person seeking to rely on it can produce reasonable evidence that they are now the owner of the relevant items, such as a letter or invoice from the original purchaser of the Goggles.

6. Other Important Terms

(a) Force Majeure.  No FORM entity shall be responsible for a failure to fulfil any obligations pursuant this Agreement or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of God, acts of government, war, riots, strikes and accidents in transportation.

(b) No Implicit Waivers.  The failure by FORM to insist that you immediately do anything that you are required to do under this Agreement, or if FORM is delayed in taking steps against you in respect of you breaking this Agreement in any way, that will not mean that you do not have to do those things and it will not modify, alter or restrict the right of FORM to assert any rights at a later date.

(c) Severability.  Each provision of this Agreement, and part thereof, is declared to be separate and distinct from all other provisions and parts thereof. If any provision or part thereof is determined by a court of competent jurisdiction or other constituted legal authority to be void, unenforceable or unreasonable in whole or in part, the remainder of this Agreement will remain in full force and effect.

(d) English Language.  The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English.  

7. How to Contact FORM 

If you have any questions or comments regarding this Agreement, you may contact FORM using one of the methods available at formswim.com/contact-us.