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Terms and Conditions for Use and Sale

 

  1. General

The following terms of use apply to both sexes and are written in the masculine form for convenience only.

  1. Accepting the Conditions

The following terms of use (the “Terms“) constitute a binding agreement between Cnoga Medical Ltd. (the “Company“) and the customer (the “Customer“). The Company develops and manufactures medical products for monitoring medical measurements outside the hospital, including the manufacture and supply of the Tensortip COG (the “Product“) and the provision of additional services (the “Services“). By completing the purchase process, the Customer hereby confirms that he/she has read and understood these Terms and that he/she accepts and agrees to be subject to them.

  1. Purchase Procedure, Product Delivery and Returns

To purchase the Product, the Customer shall provide the following details (subject to the following conditions): full name, e-mail address, home address and phone number, and other details which may be required from the Customer.

Delivery of the Product to the Customer will be done within ten (10) business days following Company’s confirmation of the purchase.

Please note that after the purchased Product have been opened the Customer will be able to cancel the purchase within the first six (6) months following the purchase date and will be entitled to receive a full refund of the purchase price with the deduction of cancellation fee in the amount of 600USD$ per Product. Following such six (6) months period the customer will not be entitled to cancel the Purchase or to receive any refund from the Company.  

It hereby clarified that the Customer will be entitled to cancel the purchase and return the Product, in accordance with the provisions hereunder, when it is intact, working and in good condition, with no damage and/or defect and/or breakdown of any kind and type – by contacting the Company’s customer service as stated in section 5 below.

After the Company approved the cancel of the purchase and the return of the Product in accordance with the provisions of this section, the Company will sent an email notifying the Customer of such approval, and the Customer shall be responsible for returning the Product to the Company’s offices within fourteen (14) days from the date of the above notice at his/her expense (the Company is not handling the transportation of the returned Product to its offices). Upon receipt of the returned Product at the Company’s offices, the Product will be inspected, and if it is found to meet the terms of return, the Customer will be credited according to the provisions and the cancellation fee hereunder. The Company will credit the Customer accordingly within fourteen (14) days following the inspection specified above.

If the Company has additional costs, such as cancellation fees to the credit company, these costs will be deducted from the amount of the credit that will be available to the Customer. The right to cancel the transaction and return the Product will not be given at all if the Product is produced and/or ordered specifically for the Customer.

  1. Composition of the Product

The Product purchased by the Customer includes the Product (Tensortip COG) and 52 vials of test strips, from which 10 vials will be provided with the original package of the Product, the rest of the vials will be provided upon Customer demand by contacting Company’s customer service as detailed in Section 5 below. The Customer must keep and hold the test strips according to the Company’s instructions that appear in the user manual attached to the Product.

  1. Customer Service

In the event of any questions about the Product or for additional information or details about the Product, please contact the Company’s customer service in one of the following:

By Phone: Sunday through Thursday – Tel: 04-6361080 ext. 148,168 from 08:30 to 17:00.

By E-mail: support@cnoga.com.

By mail: Cnoga Medical Ltd., PO Box 3188, Tarshish 5, North Industrial Zone, Caesarea 3088900.

Customer service representatives will be happy to serve the Customer with any question regarding the use of the Product and any other subject, in order to enhance the Customer’s experience of use.

  1. Replacement of a Product as a Result of a Defect

The Customer must review the Product and the items included thereunder at the time of receiving of the Product. If the Customer received a defective Product, the Customer is requested to contact the customer service of the Company within three (3) business days from receiving the Product, and to coordinate the receipt of an alternative Product instead of the defective Product.

Please note that the Company will not handle customer inquiries regarding defective Products received following the elapsed of three (3) business days since the receiving of the Product according to the above provisions, such inquiries will be handled according to the terms of warranty provided with the Product. 

After the Customer’s request according to this section, an e-mail will be sent to the Customer notifying the replacement of the Product, and the Company and/or its representatives will contact the Customer to coordinate the return of the defective Product.

If the defective Product is returned to the Company, the Product will be inspected at the Company’s offices and if it is found to be defective, the Company will replace the defective Product and shall send the alternative Product to the Customer. In the event of a replacement due to a defect, the Company shall return to the Customer the shipping fees, insofar as it was paid by him.

Replacement of the Product, if made due to a defect in the Product, after being supplied to the Customer, is subject to the return of the defective items to the Company in their original packaging, intact and/or with no damage and/or defect of any kind caused by the Customer or a third party.

Any other defect in the Product will be covered

It is hereby clarified that to the extent that it will be determined by competent court that certain local law shall apply on the purchase made by the Customer hereunder, such local law shall be binding even if these conditions are stating otherwise. The provisions of this section shall not apply to the goods that are lost or goods manufactured specifically for the Customer.

The Company may cancel a purchase in whole or in part in the following events:

  • If the transaction and/or the sale was accompanied by illegal activity by the Customer and/or any third party; and
  • If the Company becomes aware that the Customer may resell the Product to third parties and/or trade it.
  1. Limitation of Liability

To the maximum extent permitted by law, the Company and/or anyone acting on its behalf will not be responsible for and will not bear any direct, indirect, punitive, consequential or special damages caused to the Customer or to a third party as a result of the use or the purchase of the Product not in accordance with these terms and conditions – whatever cause of action will be – including loss of income and/or loss of profits caused for any reason, in which case in addition to any right granted to the Company, the Company reserves the right to cancel the specific purchase by written notice to the Customer. In addition, the Customer will be solely responsible for the maintenance and service required for the Product purchased by him, unless otherwise stated. If a mistake was made in the description of the Product, it would not bind the Company. In any event, the Company shall bear no liability whatsoever in excess of the value of the purchased Product and any indirect damage and/or consequential damage. The Company is not responsible for the use made by the Customer other than in accordance with the Company’s instructions.

  1. Exemption from liability / waiver

The Company shall not be liable to Customer or any other party for loss, damage or injury, including, but not limited to, death or personal injury, to the extent permitted by law.

  1. Confidentiality Information

The Company undertakes to take customary precautions in order to keep as confidential as possible personal information regarding the Customer. The Company undertakes to make best effort with the means available to it to maintain the confidentiality of the Customer’s details and prevent such details from been disclosed to a third party. The Customer hereby agrees that the Company and/or anyone on its behalf will be entitled to contact the Customer via direct mail and/or e-mail and/or by phone and/or by fax, for promotional and marketing purposes, including inquiries regarding products, prices and promotions related to the Company. If the Customer wishes the Company not to contact him in this regard, he/she must notify the Company by contacting the Company as stated in section 5 above. Without derogating from the generality of the aforesaid, it should be clarified that the Company will be obligated to act according to applicable law, including with respect to the disclosure of information at the request of the authorities and/or in order to prevent misuse.

  1. Promotions

From time to time, Company’s products will be sold as part of sales promotions. All sales offers will be valid until the last date of the promotion and/or until the end of the inventory, whichever is earlier, all subject to the terms of the relevant sales offers. The Company reserves the right to open, modify or discontinue sales without prior notice and in accordance with its sole discretion.

  1. Indemnity

The Customer undertakes to indemnify the Company, its employees, managers or anyone acting on its behalf for any damage, loss, loss of profit, payment or expense incurred by them – including attorneys’ fees and court expenses, which arise from: (a) his use of Company’s web-site and/or the Product and/or related application, not in accordance with these terms and conditions; (b) any breach of these terms and conditions; (c) breach of any right of a third party or of the Company, including but not limited to intellectual property rights or the right to privacy; and (d) any damage of any kind, whether direct, indirect, special, or consequential damages caused by a third party associated with the use of the Company’s web-site and/or the Product and/or related application. It is hereby clarified that the said indemnity obligation will apply even after termination of the Customer’s engagement with the Company. Without derogating from the generality of the aforesaid, the Company reserves the exclusive right to lead the exclusive defense and control of any matter and process related to indemnification by the Customer, in a manner that does not derogate from the Customer’s obligation as stated hereunder, and which obligate the Customer to comply fully with the Company in conducting of such matter and process. The Customer confirms that he will not agree to a compromise in any matter subject to indemnification by him without first obtaining the written consent of the Company.

  1. Additional conditions

Customer’s rights and/or obligations under these terms and conditions may not be transferred to any other person or entity. The Company may transfer its rights and/or obligations to any person or entity. Customer rights will not be affected in such a case. The interpretation and enforcement of these terms and conditions and/or any action or dispute arising therefrom shall be done in accordance with the laws of the State of Israel and shall be clarified, if necessary, in the Tel Aviv-Jaffa court. The Company reserves the right to change these terms and conditions from time to time.

  1. Privacy Policy

Company’s privacy policy which govern the protection and use of personal information in connection with the purchasing hereunder and explains how Customer personal information may be processed in connection with products and services offered by the Company, can be accessed at [https://cnogacare.co/privacy-policy-website/].

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