Disclaimers
Disclaimer for the Sale of a Nebulizer
Product and Seller Information:
The nebulizer being sold (the "Product") is a brand-new device manufactured in China by a third-party manufacturer. The seller, operating through Shopify, is not the manufacturer, designer, or modifier of the Product and has no control over its design, production, or quality control processes. While the Product is described as being of good quality, this description is based on general information provided by the manufacturer and does not constitute a guarantee of performance, safety, or suitability for any specific purpose.
The nebulizer being sold (the "Product") is a brand-new device manufactured in China by a third-party manufacturer. The seller, operating through Shopify, is not the manufacturer, designer, or modifier of the Product and has no control over its design, production, or quality control processes. While the Product is described as being of good quality, this description is based on general information provided by the manufacturer and does not constitute a guarantee of performance, safety, or suitability for any specific purpose.
"As Is" Sale After Return Period:
The Product is sold "as is" and "with all faults" following the expiration of the 14-day return period outlined on the seller’s Shopify website. Outside of this return window, the buyer accepts the Product in its condition at the time of sale, including any defects, whether known or unknown to the seller, subject to any applicable manufacturer’s warranty (if provided). The seller makes no representations, promises, or warranties regarding the condition, quality, durability, or performance of the Product beyond the 14-day return policy and any manufacturer’s warranty.
The Product is sold "as is" and "with all faults" following the expiration of the 14-day return period outlined on the seller’s Shopify website. Outside of this return window, the buyer accepts the Product in its condition at the time of sale, including any defects, whether known or unknown to the seller, subject to any applicable manufacturer’s warranty (if provided). The seller makes no representations, promises, or warranties regarding the condition, quality, durability, or performance of the Product beyond the 14-day return policy and any manufacturer’s warranty.
Return Policy:
The seller offers a return policy allowing buyers to return the Product within 14 days of delivery, as stated on the Shopify website. Returns are subject to the terms and conditions specified therein, including that the Product must be unused, in its original packaging, and in the same condition as when received. Refunds or exchanges will be processed in accordance with the return policy. After the 14-day period, no returns or refunds will be accepted unless required by applicable law or covered by a manufacturer’s warranty.
The seller offers a return policy allowing buyers to return the Product within 14 days of delivery, as stated on the Shopify website. Returns are subject to the terms and conditions specified therein, including that the Product must be unused, in its original packaging, and in the same condition as when received. Refunds or exchanges will be processed in accordance with the return policy. After the 14-day period, no returns or refunds will be accepted unless required by applicable law or covered by a manufacturer’s warranty.
Buyer’s Responsibility for Use and Compliance:
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The buyer is solely responsible for ensuring that the Product is used correctly, safely, and in accordance with the manufacturer’s instructions (if provided). The seller is not liable for any misuse, improper handling, or failure to follow the manufacturer’s guidelines or applicable safety standards.
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The buyer must consult a qualified healthcare professional prior to using the Product to determine its suitability for their specific medical needs and to receive proper guidance on its operation and maintenance. The seller is not a healthcare provider and does not provide medical advice or endorsements regarding the Product’s use.
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The buyer is responsible for verifying that the Product complies with all applicable local, state, provincial, territorial, or national laws and regulations in their jurisdiction, including but not limited to medical device standards (e.g., FDA in the US, MHRA in the UK, Health Canada in Canada, TGA in Australia, Medsafe in New Zealand). The seller does not guarantee compliance with such laws or regulations.
Warranty Disclaimer:
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The seller does not provide any warranty, express or implied, beyond the 14-day return policy and any warranty offered by the manufacturer. Any warranty claims must be directed solely to the manufacturer in accordance with the manufacturer’s terms, if applicable.
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To the fullest extent permitted by law, the seller disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The seller is not responsible for defects in materials, workmanship, or design, nor for any failure of the Product to perform as expected or intended.
Limitation of Liability:
To the fullest extent permitted by law, the seller disclaims all liability for any damages, injuries, losses, or claims arising from the purchase, use, misuse, or inability to use the Product, whether within or beyond the 14-day return period. This includes, but is not limited to:
To the fullest extent permitted by law, the seller disclaims all liability for any damages, injuries, losses, or claims arising from the purchase, use, misuse, or inability to use the Product, whether within or beyond the 14-day return period. This includes, but is not limited to:
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Direct, indirect, incidental, consequential, special, or punitive damages.
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Personal injury, property damage, financial loss, or adverse health effects (e.g., respiratory complications or allergic reactions).
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Any costs or damages arising from delays, malfunctions, or non-compliance with local regulations.
The seller’s total liability, if any, shall not exceed the purchase price paid by the buyer for the Product, regardless of the nature of the claim, except where prohibited by applicable law.
Shipping, Customs, and Import Duties:
The buyer is solely responsible for any shipping costs (beyond what is included in the purchase price), customs fees, import duties, taxes, or other charges associated with the delivery of the Product to their location in the United States, United Kingdom, Canada, Australia, or New Zealand. The seller is not liable for delays, seizures, or additional costs incurred during shipping or importation.
The buyer is solely responsible for any shipping costs (beyond what is included in the purchase price), customs fees, import duties, taxes, or other charges associated with the delivery of the Product to their location in the United States, United Kingdom, Canada, Australia, or New Zealand. The seller is not liable for delays, seizures, or additional costs incurred during shipping or importation.
Inspection and Reporting of Defects:
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The buyer must inspect the Product immediately upon receipt and report any visible defects, damage, or discrepancies to the seller within 7 days of delivery to be eligible for resolution under the 14-day return policy.
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The seller is not responsible for defects, damage, or issues that are not reported within this 7-day period or that occur after the buyer has accepted the Product beyond the return window.
Assumption of Risk:
By purchasing and using the Product, the buyer acknowledges and assumes all risks associated with its use, including but not limited to the risk of malfunction, injury, or adverse health effects due to manufacturing defects, improper use, or incompatibility with their needs. The buyer agrees to hold the seller harmless from any claims, demands, lawsuits, or causes of action arising from such risks.
By purchasing and using the Product, the buyer acknowledges and assumes all risks associated with its use, including but not limited to the risk of malfunction, injury, or adverse health effects due to manufacturing defects, improper use, or incompatibility with their needs. The buyer agrees to hold the seller harmless from any claims, demands, lawsuits, or causes of action arising from such risks.
Multi-Jurisdictional Sales:
This Product is offered for sale in the United States, United Kingdom, Canada, Australia, and New Zealand through Shopify. The buyer acknowledges that laws governing the sale and use of medical devices vary by jurisdiction, and it is their responsibility to ensure compliance with local requirements. The seller does not customize the Product or its sale terms for specific jurisdictions beyond offering the stated return policy.
This Product is offered for sale in the United States, United Kingdom, Canada, Australia, and New Zealand through Shopify. The buyer acknowledges that laws governing the sale and use of medical devices vary by jurisdiction, and it is their responsibility to ensure compliance with local requirements. The seller does not customize the Product or its sale terms for specific jurisdictions beyond offering the stated return policy.
Governing Law and Dispute Resolution:
This disclaimer and any disputes arising from the sale or use of the Product shall be governed by the laws of "the State of New Jersey, United States" or wherever your business is based]. Any legal action or proceeding must be brought exclusively in the courts of [insert jurisdiction], and the buyer consents to the jurisdiction and venue of such courts. Where applicable, mandatory consumer protection laws in the buyer’s jurisdiction (e.g., UK Consumer Rights Act, Australian Consumer Law) may apply and override conflicting provisions, but only to the minimum extent required.
This disclaimer and any disputes arising from the sale or use of the Product shall be governed by the laws of "the State of New Jersey, United States" or wherever your business is based]. Any legal action or proceeding must be brought exclusively in the courts of [insert jurisdiction], and the buyer consents to the jurisdiction and venue of such courts. Where applicable, mandatory consumer protection laws in the buyer’s jurisdiction (e.g., UK Consumer Rights Act, Australian Consumer Law) may apply and override conflicting provisions, but only to the minimum extent required.
Severability:
If any provision of this disclaimer is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
If any provision of this disclaimer is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
Acknowledgment:
By purchasing the Product through Shopify, the buyer acknowledges that they have read, understood, and agreed to the terms of this disclaimer and the return policy stated on the seller’s website. The buyer further acknowledges that they are solely responsible for the safe and proper use of the Product and for ensuring its suitability for their needs.
By purchasing the Product through Shopify, the buyer acknowledges that they have read, understood, and agreed to the terms of this disclaimer and the return policy stated on the seller’s website. The buyer further acknowledges that they are solely responsible for the safe and proper use of the Product and for ensuring its suitability for their needs.