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Terms of Use

Last updated: 11/09/2024 

The following Terms of Use (the “Terms”) stipulate the agreement between you, the user using our Online Store(s), purchasing  and/or using our Products, and/or using our Services (all, as defined below) and Pelegon LLC and any of its affiliates as applicable ("Company" or "Us",  "Our", "We" etc.), with respect to your use of www.pelegon.com or our other online stores available on various e-commerce platforms, such as Amazon, (the " Online Store(s)"), your purchase of  Company's medical mobility solutions as available from time to time on the Online Stores (the "Product(s)") and the provision of Our related logistic, operational, support and customer services (the "Services"). 

Notwithstanding the foregoing, in case any term of these Terms is in conflict with mandatory terms of any applicable e-commerce platforms (such as Amazon terms of service), the latter shall prevail, as between You and Us.

  1. The Online Store is owned and operated by the Company, which will also provide you with the Services (subject to the Terms hereunder), unless you have chosen to make your purchase of Products using your Amazon account with "Buy With Prime", in which case some of the Services shall be provided by Amazon and under their terms and conditions; or unless specifically indicated otherwise in these Terms.
  2. The Products are sold solely for your own personal use and are not intended for further resell, rent/lease, transfer, distribution or other use by you, or by any entity on your behalf, whether for commercial or charity purposes (“Restricted Use”). If you wish to make any use of the Products that is Restricted Use hereunder, you may only do so with our express written permission, which We are entitled to refuse for any or no reason.
  3. By purchasing the Products through the Online Stores, you signify that you agree to these Terms. If you do not agree to any of the provisions of the Terms you should not purchase the Products.
  4. Personal Data. We shall receive, and process personal data you provide us or collected by us during your visit to the Website and/or during Products’ purchase process, or otherwise provided to us by third parties in connection with your purchase process (e.g., when using the "Buy With Prime" option, we will receive some information from Amazon). Our practices related to the processing of personal data are detailed in Our Privacy Notice available at [active link to privacy notice] which is incorporated into these Terms and serves as an integral part of these Terms. Interacting with Us through the Online Store (e.g., browsing pages, filling forms, adding products to your cart and making a purchase) signifies that you have read and understood our Privacy Notice and our practices described therein. Whenever your explicit consent is required for any type of processing of your Personal Data, we will ask for it separately in an express, comprehendible manner. 
  5. Delivery, refunds and returns.
    1. Following successful completion of the purchase process in the Online Store we shall have the Products delivered in accordance with the delivery details provided by and the delivery method You have chosen. Delivery is made by shipping and logistics service providers, according to their terms of service, and we are not liable for the delivery process, or any damage incurred to Products during shipping and delivery.
    2. If you are dissatisfied with the Product, you may be eligible to return the Product and get a refund. For more details, please see our Returns and Refunds Policy at [active link]. Please note that shipping and handling fees are nonrefundable.
    3. Please note that, in case you choose to complete the purchase using "Buy With Prime", or its equivalent at the time of the purchase, the delivery, refunds and returns shall be handled by Amazon in compliance with our Warranty and Amazon policies and terms[link].  
  6. WARRANTY.
    1. Subject to and in accordance with our Product Warranty as detailed here: [active link] you may be entitled to return and replace the Product in case of a defect in the materials or workmanship of the Product. No repair services are offered under our Terms or our Warranty.
    2. It is advisable that You carefully read our Product user manual accompanying the Products ("User Manual") for information on proper assembly, handling, maintenance and operation as well as safety instructions before using our Products, and it is your responsibility to use the Products according to those instructions, which are crucial for your proper use of your Product and for ensuring safety. Please note that improper assembly, installation or use may render the Product Warranty non-applicable according to our Product Warranty terms.  
  7. PAYMENT
    1. Payments on our Online Store are processed by third-party payment processors (e.g. PayPal, ShopPay, Amazon etc.) (the “Payment Processor(s)”). Payments processing with respect to the Product purchases will be subject to the terms, conditions and privacy policies of the applicable Payment Processors. We are not responsible for any error by the Payment Processor. 
    2. Any taxes applicable to you regarding transactions made in accordance with these Terms and according to applicable law will be borne by you exclusively. 
  8. USER RESTRICTIONS. 
    1. The following restrictions shall apply to your use of the Products. You may not: (a) use the Products or any part thereof for purposes other than the original purpose intended by the Company; (b) use inappropriately, abuse, misuse alter or otherwise “hack” the Products; (c) use the Products in violation of Restricted Use (as defined above).
    2. The following restrictions shall apply to your use of the Online Store. You may not (a) interfere with or disrupt the integrity, performance or operation of the Online Store or any part thereof, including any servers or networks provided by third party service providers; (b) attempt to gain unauthorized access or bypass any measures imposed to prevent or restrict access to the Online Store; (c) copy, modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble the Online Store or any content contained therein (including without limitation text, graphics, audiovisual materials, code) portion thereof, or any material that is subject to our proprietary rights, including without limitation our logo, look and feel, trademark and tradename for commercial purpose. 
    3. Without derogation of any right or remedy available to Us under any applicable law, which we hereby fully reserve, any breach of the Use Restrictions set forth hereinabove, shall immediately render our Product Warranty inapplicable.
  9. ELIGIBILITY. You may not use the Service or the Product and may not accept these Terms if you are less than legal age to form a binding contract in the territory where you reside or at least 16 years old, if such legal age in your territory is lower.
  10. PROPRIETARY RIGHTS. 
    1. Company retains sole and exclusive ownership of all rights, title and interests in the Website and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Products and the technology related thereto as well as any and all trademarks, service marks, product names, and trade names related to the Website, Products or Company . This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. 
    2. You may not use or display any trademark, service mark, Product name, trade name, or logo appearing on or through the Website without the Company’s prior written consent.
  11. THIRD PARTY WEBSITES. The Website may contain links to or be linked from other websites or pages which are not maintained by the Company. Links to third party websites are provided for your convenience and information only. Third party websites are not under Company’s control and Company is not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. The inclusion of a link through the Website or the reference from third party's website or pages to our Online Store does not imply Company’s endorsement of the third-party website, content, or the offerings included therein, nor that Company is affiliated with the third-party website’s owners or sponsors.
  12. You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, resources or advertisements, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. We recommend that you be aware when you leave the Website and read the terms and conditions and privacy policy of each website that you visit.
  13. WARNINGS; DISCLAIMERS AND WARRRANTY LIMITATIONS.
    1. THE PRODUCTS ARE INTENDED TO SERVE AS SOLUTIONS DESIGNED TO HELP INDIVIDUALS WITH LIMITED MOBILITY PERFORM DAILY ACTIVITIES IN A HOUSHOLD AND FOR OUTDOORS USE, IF APPLICABLE (THE "PURPOSE OF USE"). HOWEVER, OUR ONLINE STORE AND/OR SERVICES AND/OR ANY RECOMMENDATION OR PROPOSAL MADE TO YOU WITH RESPECT TO ANY  PRODUCTS, DO NOT CONSTITUTE ANY MEDICAL DIAGNOSIS, RECOMMENDATION, OPINION OR ADVICE AND DO NOT CONSTITUTE MEDICAL OR PARA-MEDICAL DECISION MAKING OR RECOMMENDATION, ON ANY TREATMENT, CESSATION OF TREATMENT, OR OTHER MEDICAL OR PARA-MEDICAL PROCEDURE, ACT OR OMISSION. ANY INFORMATION PROVIDED TO YOU THROUGH THE ONLINE STORE, SERVICES, AND PRODUCT INFORMATION, EVEN IF IN THE FORM OF ADVICE OR RECOMMENDATION, SHOULD NOT BE REGARDED AS MEDICAL OR PARMEDICAL OR OTHERWISE QUALIFIED ADVICE, AND YOU SHOULD IN ANY CASE CONSULT WITH A QUALIFIED PROFESSIONAL, SUCH AS A PHYSICIAN, PHYSICAL THERAPIST, OR OTHER SUITABLE QUALIFIED PROFESSIONALS, AS THE CASE MAY BE. IN NO EVENT, SHALL THE INFORMATION PROVIDED IN OUR ONLINE STORE OR THROUGH OUR SERVICES OR ALONGSIDE OUR PRODUCTS OR PRODUCT PAGES SUBSTITUTE MEDICAL ADVISE AND TREATMENT MADE BY CERTIFIED AND QUALIFIED PROFESSIONALS, ACCORDING TO APPLICABLE LAW. 
    2. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGES, LOSSES AND EXPENSES, OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY KIND OF PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH) TO THE EXTENT RESULTING FROM (1)ANY USE BY YOU OF THE PRODUCT FOR ANY PURPOSE OTHER THAN THE DEFINED PURPOSE OF USE, INCLUDING USE BY A PERSON THAT IS NOT IN NEED OF SUCH PRODUCTS (2) ANY USE OF THE PRODUCT IN BREACH OF THE USER RESTRICTIONS SET FORTH IN SECTION 8 HEREINABOVE OR (3) ANY USE THAT IS NOT IN ACCORDANCE WITH THE USER MANUAL AS SET FORTH IN SECTION ‎6.2 ABOVE .
    3. IMPLIED WARRANTIES OF MERCHANTABILITY. THE DURATION OF IMPLIED WARRANTIES RELATED TO MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE OF USE SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN SECTION 6 HEREIANBOVE; THERAFTER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THESE WARRANTIES ARE FULLY DISCLAMED.
    4. EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 8 and ‎13.3, THE SERVICES AND PRODUCT ARE PROVIDED ON AN “AS IS”, “AS AVAILBLE” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF PRODUCT OR SERVICES. COMPANY MAKES NO WARRANTY THAT THE PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS, GENEREATE THE DESIRED OUTCOME, BRING ANY ANTICIPATED RESULTS, OR OTHERWISE BE SUITED TO YOUR NEEDS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR OWN DISCRETION AND SOLE RISK, INCLUDING WITHOUT LIMITATION, RISKS RELATED TO ANY DAMAGES TO PROPERTY AS WELL AS BODY INJURY (INCLUDING DEATH).
  14. LIMITATION OF LIABILITY
    1. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMLPOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF REVENUE OR REPUTATION AND THE LIKE), EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. 
    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF NOTWITHSTANDING ANY OTHER LIMITATIONS OR DISCLAIMERS HEREUNDER WE ARE FOUND LIABLE TO YOU, IN NO CASE WILL THE COMPANY’S LIABILITY WITH RESPECT TO ANY INCIDENT INVOLING A PRODUCT GIVING RISE TO SUCH CASUE OF CLAIMFOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GROSS AGGREGATE CONSIDERATION ACTUALLY PAID BY YOU TO THE COMPANY FOR THE PRODUCT.             
  15. INDEMNITY. You agree to indemnify, defend, and hold harmless the Company and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from a third party claim (including any governmental authority) against us based on the following cause or causes: (a) breach of these Terms by you; (b) any claim, loss or damage resulting from your faulty or negligent use or attempted use of (or inability to use) the  Product; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. 
  16. CHANGES TO PRODUCTS AND PRICING. Company reserves the right to change, without prior notice, the design, construction, and type of materials used in the manufacture of any of its Products.  Company further reserves the right to discontinue, without prior notice, any of its Products and/or replacement parts, therefore. Company may further change the prices of its Products at any time and without prior notice.
  17. CHANGES TO THE TERMS. These Terms may be subject to periodical revisions or amendments. The most updated version will be posted in our Terms and Conditions page, and older versions are available upon request. Your use of our Online Store following any such amendments will be considered as your consent to the amended Terms. At all times, the latest version of these Terms shall be binding and prevail over any other version.
  18. MISCELLANEOUS. These Terms constitute the entire agreement between the parties concerning the subject matter hereof. (The Service and Product shall be provided in accordance with, and these Terms shall be governed by, the laws of State of Delaware without giving effect to any principles of conflicts of laws thereof, and the eligible courts in the city of Delaware shall have exclusive jurisdiction  over all disputes between the parties related to these Terms. You and the Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or related to these Terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein without the express written consent of the Company. The company expressly reserves the right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion. If any part of these Terms is found void and unenforceable, it will not affect the validity of the remainder of the Terms, which shall remain valid and enforceable according to its terms. The failure of Company to act with respect to a breach of these Terms by you or others shall not constitute a waiver and shall not limit Company’s rights with respect to such breach or any subsequent breaches.

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