Your rights under the Australian Consumer Law
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. The rights described in this Peloton Interactive, Inc., located at 441 Ninth Avenue, 6th Floor, New York, New York, 10001, and its affiliate companies (“Peloton”) Heart Rate Band Limited Warranty are in addition to the rights you have as a consumer under the Australian Consumer Law. This Limited Warranty does not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the Australian Consumer Law.
WHAT IS COVERED BY THIS LIMITED WARRANTY?
When you purchase a Peloton Heart Rate Band in Australia, Peloton Interactive Australia Pty Ltd. (“Peloton AU”) provides the following Limited Warranty, which applies only to the components and all original parts included with the Peloton Heart Rate Band (together, the “Product”) when used in a non-commercial setting. Any other use of the Product shall void this Limited Warranty. During the applicable Limited Warranty periods described below, the Product will be free of defects or malfunctions during normal use. Certain exclusions apply, as further described in this Limited Warranty.
The Limited Warranty applies to the Product for the time periods indicated. The Limited Warranty applies only against defects discovered within the applicable Limited Warranty period.
PELOTON HEART RATE BAND AND RELATED COMPONENTS: 12 MONTHS
Peloton AU warrants the Product against defects in materials and workmanship for a period of 12 months from the date of original delivery.
If a successful claim is made for a defect that is covered by this Limited Warranty within the Limited Warranty period identified above, Peloton AU will repair or replace the relevant Product or component, free of charge.
WHO IS COVERED BY THIS LIMITED WARRANTY?
This Limited Warranty covers the original purchaser of the Product, or, for a gifted Product, the first giftee. Without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law or other applicable law, any other person in possession of the Product is not covered by this Limited Warranty.
WHAT IS NOT COVERED BY THIS LIMITED WARRANTY?
This Limited Warranty does not apply to:
- Any other Peloton products or services not expressly referred to under the heading “What is covered by this Limited Warranty?” above, non-Peloton products or labor not approved in advance by Peloton Member Support, units that are, or that Peloton AU reasonably believes to be, stolen, counterfeit, or purchased from an unauthorised distributor or reseller, units purchased outside Australia, and units missing serial numbers.
- Software, even if sold with or embedded in the Product, or Internet connectivity. Peloton AU does not warrant that the operation of the Product will be uninterrupted or error-free.
- Damage or equipment failure due to normal wear and tear or improper or negligent assembly, maintenance, installation, relocation, or repair (other than in each case that caused by a Peloton authorized service technician), use of the Product with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Product, or any use contrary to the instructions in the user manual, the technical specifications or other published guidelines relating to the Product.
- Data loss, including any damages or costs related to data recovery, removal, and installation. Peloton does not warrant that it will be able to repair or replace the Product under this Limited Warranty without risk to or loss of information or data stored on the Product.
- Damage or equipment failure due to accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorised or not recommended by Peloton.
- Incidental or consequential damages. Except to the extent required by the Australian Consumer Law or other applicable law that cannot be excluded, Peloton is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of equipment or parts, and Peloton will not provide monetary or other compensation for any such repairs or replacement parts costs, including but not limited to gym membership fees, work time lost, cost of substitute equipment, diagnostic visits, maintenance visits or transportation.
- Use of the Product for commercial purposes or for any use other than normal use in a single- family or household.
TO THE EXTENT ALLOWED BY LAW AND WITHOUT EXCLUDING, RESTRICTING OR MODIFYING THE APPLICATION OR EXERCISE OF ANY RIGHT OR REMEDY TO WHICH YOU MAY BE ENTITLED UNDER AUSTRALIAN CONSUMER LAW OR ANY LIABILITY OF PELOTON IN RELATION TO A FAILURE TO COMPLY WITH A GUARANTEE THAT APPLIES UNDER AUSTRALIAN CONSUMER LAW TO A SUPPLY OF GOODS:
- THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY PELOTON AU AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS.
- ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY STATUTORY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED TO THE EXTENT PERMITTED BY LAW.
- IN SO FAR AS A WARRANTY CANNOT BY LAW BE DISCLAIMED, SUCH WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIODS SET FORTH ABOVE.
- TO THE EXTENT THAT THIS EXCLUSION APPLIES, IT APPLIES EVEN IF THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY.
FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS OUTLINED ABOVE DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW.
What do you need to do to make a claim under the Limited Warranty?
To make a claim under this Limited Warranty you must, upon discovering any nonconformity or defect:
- Cease using the Product;
- Provide Peloton Member Support with:
- The order number and email address used for the purchase of your Product;
- A copy of the dated receipt, or other proof of purchase indicating the date purchased;
- A description of the nonconformity or defect; and
- Photographs of the nonconformity or defect where they may assist Peloton Member Support to assess the claim.
Claims must be made within the specified warranty period.
To make a claim under this Limited Warranty, contact Member Support.
What happens after you submit a claim?
If, within the applicable Limited Warranty period, a defect arises in the Product or a warranted component that is covered by this Limited Warranty and you submit a claim to Peloton AU under this Limited Warranty, then without excluding, restricting or modifying any other rights to which you may be entitled under the Australian Consumer Law or any other Australian consumer protection laws and regulations, Peloton AU will, at its option and as its sole obligation, either replace the defective or malfunctioning Product or component with the same or a comparable model, or repair it.
Any replacement or repaired Product or component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law. Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by Peloton or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
If a successful claim is made for a defect that is covered by this Limited Warranty within the Limited Warranty periods identified above, any shipping costs to return the relevant Product or component to Peloton AU or the cost of Peloton AU collecting the relevant part(s) will be at Peloton’s cost.
To the extent that the Product or component is capable of retaining user-generated data, you should be aware that repairs may result in the loss of that data.
What if you have questions or concerns?
This Limited Warranty is given by Peloton Interactive Australia Pty Ltd. You may direct any questions or concerns to Member Support, or by writing to us at:
Peloton Interactive Australia Pty Ltd.
20 Martin Place
Attention: Limited Warranty Claims
Without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law or other applicable law, any disputes between you and Peloton related to this Limited Warranty or the Product will be governed by the then-current dispute resolution procedures in Peloton’s Terms of Service, available at onepeloton.com.au/terms-of-service.