General Terms and Conditions
Updated Date: Aug. 23, 2023
By visiting this website (https://medeologix.com/online-shop/) and accessing the information, services, products, and tools provided on this website, you agree to be subject to the terms and conditions provided hereunder, including (a) standard terms and conditions for sale, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
All services and products offered for sale by Mediballoon, Inc., (“Seller”) and all orders submitted via this website are subject to the terms and conditions stated herein. Seller reserves the right to change the terms and conditions provided herein from time to time without notice. You acknowledge and agree that it is your responsibility to review the governing terms periodically to familiarize yourself with any alternations. The application of your account and the submission of your orders on or via this website shall constitute your affirmation that the terms and conditions set forth herein govern your usage of this website and purchase of Seller’s services and products, without any objections to any such terms and conditions. THE TERMS AND CONDITIONS HEREOF SHALL SUPERSEDE ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS PROPOSED THROUGH ORAL, WRITTEN, OR OTHER MANNERS OF COMMUNICATION WITH YOU.
Prices, Taxes, Payment Term, & Shipment
All prices provided in this website include any federal, state, or local taxes, duties, or other fees imposed by competent governmental authority on the services and/or products you order; however, any costs of freight, special storage or packaging in your order will be paid in addition to the price quoted and listed independently on the invoice. Seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information expressed on this website is inaccurate at any time without prior notice (including after you have submitted your order). Your orders will be confirmed with the completion of the full payment for the orders. Your ordered products will be shipped by FedEx or equivalent within forty-eight (48) hours after the confirmation of the orders. Shipping and packaging of your products will be charged at a flat rate based on their quantity and category (please refer to the flat rate policy on the website for more information). In addition, Seller reserves the right to adjust prepaid payment terms required on this webpage.
Cancellation Prior to Shipment
You may cancel or revise any of your orders submitted hereunder at any time prior to shipment by sending an email to email@example.com or clicking the “Contact Us” link on this webpage. In such case, your advance payment will be refunded minus all costs incurred as a result of such cancellation, including, but not limited to, cancellation costs to suppliers and unreimbursed advances on goods, if any, together with any specifically identifiable incidental and consequential expenses. (“Cancellation Charges”). Supplier will provide you with a detailed listing of all Cancellation Charges, documentation or evidence bearing on the down payment of such Cancellation Charges and additional information you reasonably request.
Ownership of Tooling
Any and all tooling (including, but not limited to, tools, dies, patterns, and molds developed by Seller specifically for manufacturing products, such as balloons, catheters, extrusions, or other parts and subassemblies offered on this website) manufactured by or at the request of Seller is Seller’s exclusive property and its development, design, and use are the same. Ownership interest in such tooling is retained exclusively by Seller.
Disclaimer of Intellectual Property Right
The services and products offered by Seller on this website are intended to support your iterative, cost-effective, and early-stage product research and development. You are solely responsible for patent clearance and infringement assessment and for protecting and registering any intellectual property rights covering your definitive products. Seller cannot guarantee that the services and products offered on Seller’s website will not infringe valid or pending patents and makes no express or implied warranties or representations regarding intellectual property infringement. Nothing herein shall be construed as a license or sublicense to operate under any Seller or third-party- owned patent or other intellectual property right.
Disclaimer of Representation & WarrantiesIt is your sole responsibility to determine the suitability and completeness for use and conduct any necessary testing. All the information, products and services on this website are provided “AS IS”, and Seller does not warrant that the quality and durability of any products, services, information, or other material purchased or obtained by you will meet your expectations. Except as expressly provided in this document or the description on the website, Seller assumes no responsibility for the design of products and shall not be liable to any personnel recommendation regarding the design modifications, design analysis, simulation, or advice for the supply of products. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO ANY PRODUCTS, OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THE SALE OF PRODUCT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING THE POSSIBILITY OF NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND EVEN IF ANY OF THE LIMITED REMEDIES SET FORTH HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. BESIDES, SELLER’S AGGREGATE LIABILITY FOR ANY REASON AND UPON ANY CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT OF PRICE PAID IN ACCORDANCE WITH THE CORRESPONDING ORDER.
Inspection and Return Policy
After receiving any products from Seller, you have 7 days to inspect and verify the type, quantity and quality of products and may request for return for any products that you reasonably believe failing to meet the quantity or specification of products in material, length, and diameter, and Seller will review your return request on a case-by-case basis in good faith. Products will be deemed to be delivered in accordance with the specifications and free from defects if Seller does not receive your request within the specified period. For the purpose of clarity, any discrepancy of the specifications of products within the ordinary tolerance zones applicable in the industry or correspond to quality specifications given on the webpage will not be considered a product defect when Seller reviews your request. If Seller approves your request of product return, the products must be returned in the original package with the original label still on the package. If the products are returned, they must be packaged similar to the way they were packaged by Seller in order to protect the contents from being damaged. You are responsible for the shipping cost of any returned products. Notwithstanding anything to the contrary contained herein, under no circumstances shall any products manufactured for trial/custom run orders be returnable as these are executed on a commercially best efforts basis.
This Contract and its terms and conditions shall be governed by and construed in accordance with the laws (other than those relating to conflict of laws questions) of the State of California. The state and federal courts located in Alameda County, California, have the exclusive jurisdiction and venue against any controversy, dispute or claim arising out of or relating to the terms and conditions provided herein, or the breach thereof, as well as the personal jurisdiction thereof.