Warranty Terms and Conditions
1. UpSurgeOn carries out quality checks on its Products in order to guarantee their integrity and functionality. In the event that the User should receive defective products or products that do not comply with the orders placed (possibly due to production defects), the Supplier may be held responsible pursuant to the provisions of national legislation and in compliance with the General Conditions of Sale.
2. If the buyer is a Consumer, the warranty shall cover a 24-month period as of the delivery date of the defective Products. The warranty only applies if the buyer files a formal written claim within 2 months from discovery of the defects and if the Product has been used properly, in compliance with the relevant product specifications and solely for the use intended.
3. If the buyer is a Professional, the warranty shall cover a 12-month period as of the delivery date of the Product. The warranty only applies if the buyer notifies the Supplier of the relevant defects within 8 days from discovery and if the Product has been used properly, in compliance with the relevant product specifications and solely for the use intended.
4. In case of defective products, (by way of example, unfitness for the use for which goods of the same type are usually used – simulation and training activities on surgery and medical procedures, in general – as declared by the Supplier) UpSurgeOn provides, at its own expense, to restore the Product by repair / replacement, according to the procedures described in the General Conditions of Sale (please refer to the website www.upsurgeon.com) without entailing any liability for the Supplier for direct, indirect or consequential damage of any kind, loss of profit or losses that may result from the use – or misuse – of the Product by the buyer.
5. UpSurgeOn shall not be liable for the misuse of the Products by the User and in particular for not complying with the product’s instructions. UpSurgeOn shall not be liable for any damage caused to the User or to third parties resulting from the misuse of the Product. In accepting the General Conditions of Sale, the Users declare to waive any request for damages and refund against UpSurgeOn and to hold the latter harmless and indemnified from any liability and actions thereto related, including any lawsuit or arbitration for injury risk, compensation for damage occurred to people and/or things for any reason whatsoever, not directly related to the intended and consistent use of the Products, it being understood that nothing in the General Conditions of Sale shall exclude or limit the liability of UpSurgeOn to the Consumer for any fraud, death or personal injuries resulting from UpSurgeOn’s negligence, breach of the applicable provisions of the Consumer Code or any other liability that cannot be excluded or limited by law.
6. The Products distributed by UpSurgeOn are not medical devices, since they do not intervene directly or indirectly on the patient, to improve their health conditions, even in the prevention phase. They are therefore not subject to marking processes or other registration obligations with the competent authorities.
7. The information (texts, images, videos, etc.) present on the UpSurgeOn website or included in the technical specifications attached to the Products are to be considered exclusively functional to the purchase for the performance of simulation and training activities and, in no case, of any advertising. Unless otherwise indicated, the “technical specifications” represent the limits within which the Products can be used, with particular reference to their safety. Dimensions and other physical characteristics are subject to normal commercial tolerances. It will be the responsibility of the User to check, in advance, the suitability of the Product for the intended use (training and surgery simulation activities). The visual representation of the Products on the website therefore normally corresponds to the photographic image of the Products themselves and has the only purpose of presenting them for sale, without any guarantee or commitment, by UpSurgeOn, about the exact correspondence of the image depicted on the website with the actual Product. In case of differences or discrepancies between the image and the technical sheet of a Product, what is stated in the technical sheet will prevail.
8. Nothing contained in the packaging of the Products and / or on the UpSurgeOn website must be interpreted as providing advice or preparing a recommendation relating to any decision or action concerning one’s own health or the health of third parties and the content of the specifications techniques or other documentation provided on the Products cannot in any way be considered a substitute for the judgment of a doctor or other qualified health professional.