THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. IF YOU ARE A CONSUMER WHO LIVES IN THE EUROPEAN UNION, NEW ZEALAND, OR AUSTRALIA, YOU ARE ENTITLED TO THE STATUTORY WARRANTIES AND LEGAL RECOURSES PROVIDED BY YOUR HOME JURISDICTION, WHICH MAY INCLUDE RIGHTS THAT EXTEND BEYOND THE WARRANTY PERIOD HEREIN. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
This Limited Warranty (“Warranty”), provided by Panic, Inc. (“Panic”), applies to Playdate® hardware and Playdate-related accessories (individually and collectively, the “Hardware”) purchased through play.date or authorized retailers.
Panic warrants to the original purchaser that the Hardware shall be free from defects in material and workmanship under ordinary consumer use for twelve 12 months from the date of shipment to purchaser (the “Warranty Period”). Panic does not warrant that the operation of the product will be free from minimal errors. If a defect covered by this warranty occurs during the Warranty Period, Panic will, at its discretion, repair or replace the defective Hardware or component with a new or refurbished product with equal or greater features and functions as the Hardware, free of charge. The original purchaser is entitled to this Warranty only if the device is registered to their play.date account, or the purchaser can demonstrate, to Panic’s satisfaction, that the purchaser’s request for support falls within the Warranty Period.
You may have a right to return your Hardware for a refund within a certain number of days after your purchase is made. Consult our return policy for details.
IMPORTANT - Return Instructions
You must notify Panic of your warranty claim during the Warranty Period and prior to shipping or transporting the Hardware to Panic; provide (upon request) a dated sales receipt for the Hardware; and satisfy all other terms and restrictions set forth in this Warranty. Panic will provide a return shipping address, prepaid shipping label for the outside of the box you ship, and a Returned Materials Authorization (“RMA”), which must be placed inside the box you ship.
Hardware must be transported or shipped to the location that is provided by Panic support. Provided the Hardware requires repair or replacement and such repair or replacement is covered by this Warranty, Panic will pay for the costs of shipping repaired or replacement Hardware back to you. If the Hardware does not require repair or replacement, you will be responsible for the costs of shipping the Hardware back to you.
Panic will not provide Warranty service for any Hardware that is shipped to Panic (or to a service location) without pre-authorization by Panic. DO NOT, UNDER ANY CIRCUMSTANCES, SHIP ANY HARDWARE WITHOUT FIRST OBTAINING RETURN INSTRUCTIONS FROM PANIC.
This Warranty shall not apply if this product:
- Has been modified or repaired by anyone except a Panic-authorized service center and the cause of the issue for which you seek service is the modification or repair, or damage caused by the non-Panic authorized service center;
- Has had the serial number altered, defaced, or removed; or has been intentionally modified using code (of any type, including malicious or otherwise), malware, virus, bots, worms, trojans, backdoors, exploits, cheats, hacks, or hidden diagnostics that may harm the product or our systems;
- Is abused, misused, improperly maintained, mishandled, or neglected;
- Is damaged by exposure to an accident, natural disaster, or any other events or circumstances outside of ordinary usage;
- Is cleaned in any manner other than as specified in the Playdate documentation;
- Is returned for repair or replacement in packaging that does not meet the specifications identified in the Playdate documentation, or is otherwise mishandled by Purchaser or the common carrier prior to its return;
- Is used in conjunction with non-authorized accessories (such as charging units or cables that are not sold or authorized by Panic);
- Is used for commercial purposes (such as rentals); or
- Is originally sold to the purchaser in “REFURBISHED” condition.
This Warranty does not apply to ordinary wear and tear arising from normal usage, including, without limitation, scratches or marks on the Hardware’s exterior.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, PANIC SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, OR WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. UNLESS OTHERWISE PROVIDED UNDER APPLICABLE LAW, PANIC IS NOT RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR ANY LOSS OF DATA, PRIVACY, OR CONFIDENTIALITY.
You and Panic agree that this Warranty shall be deemed to have been made and executed in the State of Oregon, U.S.A., and governed by Oregon law.