REMEDIA LASER SYSTEMS LTD.
Terms and Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase DML (Dog Med Laser). We look forward to seeing you again when you are over 18.
We are: Remedia Laser Systems Ltd.
Address: 10 clanwilliam square, Grand Canal quay, Dublin 2 Ireland.
You are: a visitor to Our Website / or a Buyer from Canada or the United States of America
Our website: www.dogmedlaser.com email@example.com serving the US and Canada.
For visitors or Buyers from other countries please visit the corresponding sites when available.
NOTE: THE DML (Dog Med Laser) IS FOR ANIMAL USE ONLY IN THE USA and CANADA.
In this agreement:
|“Carrier”||means any person or business contracted by us to carry DML from us to you.|
|“Content”||means any content in any form published on Our Website by us or any third party with our consent.|
|“DML”||the Low level Laser Therapy device, Dog Med Laser. its accessories and related items we offer for sale on Our Website..|
|“Our Website”||means any website of ours, and it includes all web pages controlled by us.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
In this agreement unless the context otherwise requires:
a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organization.
these terms and conditions apply to all supplies of DML by us to any Buyer. They prevail over any terms proposed by you.
any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
except where stated otherwise, any obligation of any person arising from this agreement may not be performed by any other person.
in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organization involving that party.
the headings to the paragraphs do not affect the interpretation.
a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated €50 per hour.
these terms and conditions apply in any event to you as a buyer or prospective buyer of our DML and so far as the context allows, to you as a visitor to Our Website.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
|Our contract with you|
This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order a DML.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
DML advertised on Our Website are generally available, But, it may happen that the DML advertised is in back order for a limited time and cause a delivery delay.
The price of DML may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy a DML.
We will not ask you to open an account on Our Website. The act of buying a DML on Our Website does not constitute opening an account with us. We are obliged to keep your address, email, phone number and your DML serial number, by law, but also for the purpose of serving you better in the future. Your information will be kept fully encrypted.
We do not sell the DML in all countries. We will refuse to deliver the DML if you live in a country we do not serve. This Website is strictly for serving residents of the USA and Canada.
4. Acceptance of your order
|Acceptance of your order|
Your order is an offer to buy from us. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall dispatch your order.
We will advertise any out of stock DML and provide a date of future availability. We do not accept orders unless the DML is available for delivery within the time frame described in this document
5. Price and payment
|Price and payment|
|5.1.||The price payable for the DML that you order is clearly set out in US dollars, Canadian dollars, on this Website regional versions. Payment facilities are offered by service providers used by our company.|
|5.2.||Financing charges by the receiving service provider and bank on payments to us will be borne by us.|
|5.3.||The price of the DML does not include the UPS delivery charge which will be charged at the rates applicable at the date you place your order, and which will be displayed on the order page of Our Website before we ask you to pay.|
|5.4.||If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 20 days from the date when we accept that repayment is due.|
6. Security of your credit card
We take care to make Our Website safe for you to use.
|Security of your credit card|
|6.1.||Card payments are not processed through pages controlled by us. We use PayPal online payment services who will encrypt your card or bank account details in a secure environment.|
|6.2.||We do not have access to your credit or debit card details.|
|6.3.||Because the DML manufacturer operates under ISO medical regulations, as its distributor we must be able to demonstrate to regulators that we keep the address, email and phone number of every buyer of Low Level laser DML, at all times. Your information will be stored in a safe environment and fully encrypted. This regulation is imposed by regulators and governments in case of a recall of a medical device. Dog Med Laser is an animal medical device.|
If you buy as a Consumer
This paragraph applies if you buy as a consumer as defined in the European Union Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided those regulations apply to the transaction concerned, then the following terms apply to the contract.
6.4.1 As required by the Regulations, details of our after-sales service and guarantees, if any, are given below in Our Website terms and conditions or in the IFU.
6.4.2 You may cancel your order at any time before the expiry of 15 days from the date you receive the DML, not including the day you received it.
6.4.3 If you decide to cancel your order within 15 days after UPS delivers the DML, you have a further 4 days in which to send us the return form and return the DML to the factory.
7. Cancellation of your order – Return policy
|Cancellation of your order – Return policy|
The option to return the DML is not available:
7.1.1 If the DML have been damaged after delivery to you,
7.1.2 If the DML is not returned in its original undamaged packaging, (2 boxes)
7.1.3 If you cannot return all the accessories received with the DML or if accessories are broken.
7.1.4 If the returned DML is shipped back to the factory later than 19 days after the day you receive it.
A restocking cost of $85 will be charged to you and deducted from the refund. This restocking charge is caused by the fact that we are not authorized to re-use a medical device that has already been used to treat another animal.
(In addition, the present covid situation adds restrictions and desinfections requirements upon reception of retunred DML for personel protection.)
You are responsible for the cost of returning the DML. We have no obligation to refund to you, your cost of re-packing and returning shipping costs.
If you give notice to return and cancel the order to purchase the DML, but then fail to return it within 19 (days following delivery to you, or if you fail to fill and send the notice of cancellation / return, we will refuse your return and refuse to make any refund.
Due to the fact that our company is regulated under ISO medical regulations, and our DML are certified, and in order to assist you and us in processing the return of DML you must fill up the Cancellation/ Return form located on Our Website. It will be accepted if and when all required information has been provided, including but not limited to, serial number, your email, your full address, your telephone number. This information must match the information you provided in your purchase order. Any discrepancies between the two sets of information will automatically discard your return request. Furthermore, you must include in the form a tracking number from a recognized shipping organization like, UPS, FedEx, The US postal service, Canada Post, Purolator, DHL for your return form to be accepted. Exact localization records and tracking of DML Low Level Lasers is a legal obligation for us and for the manufacturer.
In the event of cancellation of an order by you in compliance with these terms, we will refund any money due (purchase price odf the DML minus $85.00 restocking charge) to you within 14 days following reception and conformity inspection of the returned DML to the factory. Returned DML conformity inspection is done under video recording.
Due to Covid 19, DML returned to the factory whatever the reason for the return, will be isolated for seven (7) days prior to conformity inspection. Therefore in case of a cacelled order, refund might be delayed by seven additional days. This isolation is for personel protection at the factory.
This paragraph 7 does not affect your rights in the event that the DML are faulty and still under warranty.
8. Delivery and pick up
|Delivery and pick up|
DML are delivered within 20 days from the day you place an order to purchase the DML. Purchase confirmation and delivery confirmations will be sent to you via email.
Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept and signs the delivery documents.
If we are not able to deliver your DML within 20 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery unless unable to do so by an act of god.
DML are sent at our risk until signed for by you or by any other person at the address you have given to us.
All DML must be signed for on delivery by an adult aged 18 years or over. If no one is at the address you gave us or if no one over 18 is at the address when the delivery is attempted the DML will be retained by the delivery driver. When your DML arrives, it is important that you check immediately the condition and quantity. If your DML has been damaged in transit, you must refuse the delivery and immediately contact us at firstname.lastname@example.org so that we may dispatch a replacement quickly and minimize your inconvenience.
Signing “Unchecked”, “Not Checked” or similar quote is not acceptable. Failing to refuse a damaged DML means acceptance of same.
All DML are shipped using UPS. You will receive an email with all the relevant tracking information upon shipping from the factory.
9. Liability for subsequent defects
|Liability for subsequent defects|
We will repair or replace all DML which show a defect. If you claim that the DML you received is defective, the following conditions apply:
9.1.1 the defect must be reported to us within two days of becoming apparent;
9.1.2 the defect results only from faulty design or manufacture;
9.1.3 you have returned the defective DML or parts to us if we have so requested.
9.1.4 We have inspected the returned DML or parts and confirm the defect as a design or manufacture defect
|9.2.||If we repair or replace the DML, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.|
|10.1.||Low Level Lasers, USB cable, AC power pack are covered by manufacturer’s guarantee for 24 months. Please first check that all the parts advertised are in the box and functional.|
|10.2.||Accessories like the two brushes are covered by a one year warranty.|
If we agree that the DML are faulty, we will:
10.3.1 Repair or replace the DML as we choose.
10.3.2 Our DML device is warranted to be free of defects in materials and workmanship for a period of two years from the date of delivery to the Buyer.
|10.4.||The warranty covers parts and manpower.|
|10.5.||Shipping costs required for warranty repairs and or maintenance issues within the first 90 days following delivery to Buyer is our financial responsibility.|
|10.6.||Shipping costs required to facilitate warranty repairs and or maintenances issues after 90 days following delivery to Buyer is the financial responsibility of the buyer.|
|10.7.||The DML warranty is NOT transferable. Opening the device cancels the warranty.|
The warranty does not cover instances involving damages resulting from:
10.8.1 Accident, misuse and abuse, drop of device, Dog bites
10.8.2 Lack of responsible care and maintenance
10.8.3 Use of unapproved battery charger or mini USB cable
10.8.4 Alteration or disassembly by consumer or any other party, and/or loss of parts.
10.8.5 Exposure to the elements, heat, liquids, ingress of liquid or dust or
10.8.6 Exposure to excessive electromagnetic frequencies
10.8.7 Non-respect of environment temperature limits, storage or operation.
Battery replacement beyond the two years warranty period is the financial responsibility of consumer. Warranty is issued by Manufacturer Antares Technologies Ltd. Service Center: 9750 waverly, Montreal Quebec Canada H3L 2V6
Warranty return form is the same as the order cancellation/15 days return form found on Our Website. Just click on the Warranty option. The filing conditions and requests are the same for a warranty return as for the cancellation / 15 days return options. Antares Technologies Ltd is ISO 13485 certified.
|11.1.||The law differs from one country to another. This paragraph applies so far as the applicable law allows.|
|11.2.||All the conditions, warranties or other terms implied by the law of any county other than the Republic of Ireland are excluded from this agreement to the extent permitted by law.|
|11.3.||We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the DML and accessories, at any time and without advance notice.|
|11.4.||You are advised that Content may include inadvertent technical inaccuracies or typographical errors.|
We give no warranty and make no representation, express or implied, as to:
11.5.1 any implied warranty or condition as to merchantability or fitness of the DML for a particular purpose different than what is presented in Our Website;
11.5.2 the adequacy or appropriateness of the DML for your purpose if different than what is presented in Our Website
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase and use of a DML.
Except in the case of liability for human personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the DML you have purchased.
Scientific data recorded over the last 40 years has demonstrated that the DML technology therapy is free from negative side effects on animals and humans. Restrictions of use apply and are found in the IFU. (In case of Cancer for example)
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself when needed. We need this information to provide you with the DML, its warranty and company return policies, while complying with regulations governing Manufacturer.
You agree to accept responsibility for all activities that occur under your use of the DML for as long as you own it. You must read the warning section found in the IFU and follow the instructions and guidance contained in it.
13. Restrictions on what you may Post to Our Website
We do not have an opened space to post content, comments on a forum or public blog section on Our Website. We may decide to change this policy in the future. If we do, we will then reserve the right to restrict publishing of any post content.
If we change this policy in the future, you agree that if you communicate with us on Our Website, you will not use or allow anyone else to use Our Website message service to send a message which is or may:
|Restrictions on what you may Post to Our Website|
|13.1.||be malicious or defamatory;|
|13.2.||consist in commercial audio, video, or music files;|
|13.3.||be illegal, obscene, offensive, threatening or violent;|
|13.4.||be sexually explicit or pornographic;|
|13.5.||be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;|
give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
solicit passwords or personal information from anyone;
be used to sell any DML or services or for any other commercial use;
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
link to any of the material specified above, in this paragraph;
send age-inappropriate communications or Content to anyone under the age of 18.
14. Your messages: restricted content
In connection with the restrictions set out below, we may refuse a Posting that does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
|Your messages: restricted content|
|14.1.||hyperlinks, other than those specifically authorized by us;|
keywords or words repeated, which are irrelevant to the Content Posted;
the name, logo or trademark of any organization other than yours;
|14.4.||inaccurate, false, or misleading information.|
15. How we handle your Content
|How we handle your Content|
|15.2.||If you send a message to any public area of Our Website, it may become available in the public domain.|
We need the freedom to be able to publicize our Services and your own use of them. You therefore now irrevocably grant us the right and license to edit, copy, publish, distribute, translate and otherwise use any message that you place on Our Website, in public domains and in any medium related to the DML. You represent and warrant that you are authorized to grant all such rights.
We will use that license only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright and Related Rights Act 2000.
You now irrevocably authorize us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it, and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a license to use it in the terms set out at sub paragraph 15.5 above.
16. Removal of offensive Content
|Removal of offensive Content|
|16.1.||For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.|
|16.2.||We are under no obligation to monitor or record the activity of any Buyer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.|
If you are offended by any Content, the following procedure applies:
16.3.1 Your claim or complaint must be submitted to us in the form available on Our Website or contain the same information as that requested in our form. It must be sent to us by post or email.
16.3.2 we shall remove the offending Content as soon as we are reasonably able;
16.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
We may re-instate the Content about which you have complained or not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a license to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
17. Security of Our Website
If you violate Our Website, we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
|Security of Our Website|
modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
Despite the above terms, we now grant a license to you to:
17.7.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This license is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
17.7.2 you may not copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
your failure to comply with the laws of the EU, or USA, or Canada, or UK. (whichever applies)
|18.2.||your breach of this agreement;|
|18.3.||any act, neglect or default by any agent, employee, licensee or Buyer of yours;|
|18.4.||a contractual claim arising from your use of the DML;|
|18.5.||a breach of the intellectual property rights of any person.|
19. Miscellaneous matters
|19.1.||When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.|
|19.2.||If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.|
|19.3.||No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.|
Any communication to be served on either party by the other shall be delivered by hand or sent by recorded delivery or by e-mail.
|19.5.||This agreement does not give any right to any third party.|
|19.6.||Neither party shall be liable for any failure or delay in performance of this agreement, which is caused by circumstances beyond his reasonable control, including strikes, labour disputes, terrorism, pandemic, terrorism, earthquakes, wether disruptions, acts of war, acts of god.|
|19.7.||In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.|
|19.8.||In the event of any conflict between any term of this agreement and the provisions of the constitution company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.|
|19.9.||The validity, the construction and performance of this RLS agreement shall be governed by the laws of the Republic of Ireland.|