Adverse Events - Ava 180905 Manuel D'utilisation

ADVERSE EVENTS

The device uses biocompatible materials. Wearing the device
snugly for extended time can lead to skin irritation due to rub-
bing and friction. Wear the device only during the night to allow
your skin to dry and breathe during the day.
Remove your device if it feels hot.
If you feel soreness, tingling, numbness, burning or stiffness in
your hands or wrists while or after wearing the product, please
discontinue use.
AVA LIMITED PRODUCT WARRANTY
This Limited Warranty Policy ("Warranty") is offered by Ava AG,
a company formed under the laws of Switzerland with domicile
in Zurich, Switzerland, and its subsidiary Ava Science, Inc., a
Delaware corporation with principal business in San Francisco,
California (collectively „Ava" or „we"). The Warranty applies to
the sale and use of Ava-branded fertility tracking bracelet mar-
ked with the "Ava" trade name or logo and containing a valid
Ava serial number which were sold/purchased on Ava's website
("Site") or from an authorized reseller ("Product").
This Warranty is also governed by the most current version of
the Terms of Service ("Terms"), which are located at www.ava-
women.com/terms-of-service and are hereby incorporated into
this Warranty by reference as though set forth in full herein.
In case of a conflict between the Terms and the Warranty, the
Terms shall prevail.
BY USING YOUR PRODUCT, YOU ARE AGREEING TO BE BOUND BY
THE TERMS OF THIS WARRANTY. DO NOT USE YOUR PRODUCT
UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU
DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE
THE PRODUCT.
1. Scope of Warranty.
This Warranty applies only to the original purchaser ("you") who
purchased the Product from an authorized source.
This Warranty gives you specific legal rights, and you may have
other legal rights, including under consumer laws, that vary
in different jurisdictions. To the extent permitted by law, this
Warranty and the remedies set forth are exclusive and in lieu
of all other warranties, remedies and conditions, whether oral,
written, statutory, express or implied. Ava disclaims all statutory
and implied warranties, including without limitation, warranties
of merchantability and fitness for a specific purpose and war-
ranties against hidden or latent defects, to the extent permit-
ted by law. In so far as such warranties cannot be disclaimed,
Ava limits the duration and remedies of such warranties to the
duration of the Warranty (to the extent permitted by law) and,
at Ava's option, the repair or replacement services described
below. Some jurisdictions do not allow limitations on how long
an implied warranty (or condition) may last, so the limitation
described above may not apply to you.
2. Product Warranty.
Ava warrants that the Product will be free from material defects
in workmanship and materials under normal use for a period
of one (1) year from the date of your purchase, unless longer
minimum periods are required under mandatory laws in your
jurisdiction ("Warranty Period").
3. Remedies.
If you submit warranty claims to Ava before the end of the War-
ranty Period and your Product clearly and verifiably fails the
warranty, Ava will, in its sole discretion: (i) refund you in the
amount of the price you paid for the Product (excluding taxes
and shipping costs); (ii) exchange the Product with a new or
refurbished Product (exchange the Product of identical specifi-
cations or functional equivalent); or (iii) repair the Product. This
Section sets forth your sole and exclusive remedy, to the extent
permitted by law. Returns shipped without Ava's prior express
return authorization will not be accepted.
If a Product has been exchanged or repaired following this War-
ranty, it will be subject to a warranty for either: (i) the remaining
original Warranty Period; or (ii) thirty (30) days from the date of
repair or replacement or for any additional period that is ap-
plicable in your jurisdiction. This Warranty does not cover the
software embedded in the Product and the services provided by
Ava to owners of the Product, nor your use of the Site and the
application provided by Ava. Please refer to the Terms for details
of your rights with respect to their use.
4. Obtaining Warranty Service.
You must deliver the Product to the address specified by Ava in
either its original packaging or packaging providing an equal de-
gree of protection. In accordance with applicable law, Ava may
require that you furnish proof of purchase details and/or comply
with registration requirements before any warranty service is
rendered. It is your responsibility to synchronize any data stored
on the Product. It is likely that such data will be lost or refor-
matted during service, and Ava will not be responsible for any
such damage or loss. Ava is not responsible for lost or damaged
return shipments. You assume responsibility for the payment of
any shipping charges and for all risk of loss or damage to the
Product during shipment to Ava.
5. Exclusions and Limitations.
This Warranty does not apply to, and explicitly excludes, the
following: (a) consumable parts, such as straps, unless damage
has occurred due to a defect in materials or workmanship in the
Product; (b) normal wear and tear and cosmetic damage, inclu-
ding, but not limited to, scratches, dents, damaged packaging
material or damaged plastic parts; (c) defects or damage cau-
sed by alteration, unusual stress, accident (including, without
limitation, collision, modification fire and the spillage of food or