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Warranty

EvoDerma offers a limited one-year warranty on our devices (excluding accessories and disposable items). This one-year warranty covers defects in materials and workmanship. Your device must be purchased from the evoDerma.com website or an authorized dealer and you must complete the Product Registration form online (or by mail) for the device to be covered by EvoDerma Inc.’s warranty. If you have bought your device through an unauthorized dealer, second-hand, or anywhere other than from EvoDerma Inc. or its authorized dealers, your warranty is void and EvoDerma Inc. will not cover any defects. The 1-year limited warranty is only valid for the original purchaser of the device, and cannot be transferred to a third party.

This limited warranty is effective only if the device is used in the country in which it was purchased. This limited warranty does not cover damage, defects, or failure caused by abuse or misuse; improper care; impact or insertion of foreign objects; vandalism; improper storage; improper or incorrectly performed maintenance or repair; application of harmful chemicals; Acts of God, fire, or water; abrasives; negligence; failure to follow manufacturer’s instructions; loss of the EvoDerma device; normal wear and tear; alteration; overuse; professional or commercial use.

The limited warranty begins on the date of purchase and expires on the same date one year later. The warranty period is not tolled or extended for any period during which your device (or any parts thereof) is in repair, or if they are replaced by EvoDerma Inc. during the warranty period.

If you discover a covered defect in your device before the one-year warranty period expires, contact our Customer Care Department at 1-855-EVO-DERM (386-3376) in the US & Canada or +1 514-446-1515 (international) to arrange a return shipment.

If defective, we will repair or replace your device. Once we have received the device, one of our Customer Care agents will contact you and keep you updated on the progress of repairs and return shipments. If we find that the defect in your device is not covered under this limited warranty, we will notify you of service alternatives that are available to you on a fee basis.

If we find that your device is not defective, we will notify you and you will be held responsible for all costs incurred to EvoDerma Inc.

All Limited Warranty services must be authorized and performed by EvoDerma Inc. or an authorized dealer.


Warranty Limitations and Disclaimers

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

EVODERMA INC.’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS OF ANY DEVICE AND YOUR REMEDIES FOR THE BREACH OF THIS LIMITED WARRANTY IS LIMITED SOLELY TO THE REPAIR AND REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT.

THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVODERMA INC. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, THEN THE DURATION OF SUCH IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVODERMA INC. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF EVODERMA INC. IS ADVISED OR AWARE THAT SUCH DAMAGES MIGHT ARISE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF USE OF DEVICE, COST OF ANY SUBSTITUTE EQUIPMENT, THE CLAIMS OF THIRD PARTIES, OR DAMAGE TO PROPERTY. THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY CAUSED BY A DEFECT IN DEVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITS ON WARRANTIES, OR ON REMEDIES FOR BREACH IN CERTAIN TRANSACTIONS. IN SUCH JURISDICTIONS, THE LIMITS IN THIS PARAGRAPH AND THE DISCLAIMER OR EXCEPTIONS FROM WARRANTY MAY NOT APPLY.

THESE WARRANTY TERMS, CONDITIONS AND LIMITATIONS ALLOCATE THE RISKS OF PRODUCT FAILURE BETWEEN EVODERMA INC. AND YOU, THE PURCHASER OF THE EVODERMA DEVICE. THIS ALLOCATION IS RECOGNIZED BY BOTH PARTIES AND IS REFLECTED IN THE PRICE OF THE DEVICE. BY USING THE DEVICE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, CONDITIONS AND LIMITATIONS, UNDERSTAND THEM, AND ARE BOUND BY THEM.


Return Shipping

For warranty service:

In order to avoid damage in shipment and to ensure that the malfunctioning device arrives safely, we suggest that you use the original packaging materials. Please contact our Customer Care Department at 1-855-EVO-DERM (386-3376) in the US & Canada or +1 514-446-1515 (international) concerning the authorization and scheduling of your return shipment. We recommend that you insure your shipment because any damage incurred during shipment to EvoDerma Inc. is not covered by this warranty.


Refused Orders

Should you refuse to accept delivery of your order at the time of its arrival, you will be responsible for a 20% handling charge as well as any shipping costs incurred by EvoDerma Inc. Once we receive the refused product(s), it will be inspected for damage by our returns department. In order to credit your account with the remainder, you must contact Customer Care to confirm the refusal or abandon of your package.


Cancellations

We generally process orders on the day that they are placed so our customers will receive their order as soon as possible. Should you decide to cancel your order, you must do so immediately. EvoDerma Inc. will do its best to cancel the order before it ships, but cannot guarantee that an order will be cancelled once it is placed. To cancel an order, you must call our Customer Care Department at 1-855-EVO-DERM (386-3376) in the US & Canada or +1 514-446-1515 (International). You cannot cancel an order by email. If you decide to cancel your order and your item has already been shipped or is in the process of being shipped, it is considered as a Refused Order and will be treated as such. You will receive a credit (minus any shipping charges incurred as well as a 20% handling fee) as soon as we receive your confirmation.


Disposable Lamp Cartridges

Replacement lamp cartridges cannot be refunded, as they are considered disposable.


Accessories

For hygienic reasons, accessories such as protective eyewear and lotions cannot be refunded or returned.


Product Changes

EvoDerma Inc. reserves the right to make changes and improvements to its products without incurring any obligation to incorporate such improvements in products previously sold.


Disputes

This warranty is governed by the laws of the province of Québec (Canada). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.


Filing Warranty Claims

If you feel that your limited warranty has been breached, you must file a claim within twelve (12) months following the original date of purchase of your device. To file a claim, please contact our Customer Care Department at 1-855-EVO-DERM (386-3376) in the US & Canada or +1 514-446-1515 (international).


No Other Warranties

Unless modified in a written document signed by both parties, these warranty terms, conditions and limitations are understood to be the complete and exclusive agreement between the parties, superseding all prior agreements and representations, oral or written, and all other communications between the parties relating to the subject matter of these warranty terms. No employee of EvoDerma Inc. is authorized to make any warranty in addition to those made herein.


Miscellaneous Terms

As used in this contract, the use of “we” and “us” refers to EvoDerma Inc. whereas “You” and the “customer” refer to the original purchaser of the device. A waiver of strict compliance with any term herein shall not be deemed a continuing waiver or waive any other terms or conditions. We shall be excused from performance to the extent of any delay or inability to perform arising due to weather events, disasters, acts of terror, governmental action or regulation, labor or material shortages or disputes, or other circumstances not under our control. If any term herein is illegal, invalid, or unenforceable, then such term shall be ignored, but the remaining terms and conditions shall remain in effect.