Return policy

Sale of B2C

D-Heart Product Warranty & Return Policy

If Strena Medical S.r.l. (hereinafter: D-Heart, The Company) sells a D-Heart Device to a “Consumer”, i.e. — pursuant to Law No. 206/2005 — a natural person acting for purposes outside his commercial, business, craft or professional activity, D-Heart offers a two-year guarantee to the consumer, in accordance with EU legislation and the following provisions.

The Consumer has the right to receive a Product that complies with the terms of sale of D-Heart and has the right to withdraw from the contract in accordance with the following provisions.

In addition, if the Consumer concludes a contract with D-Heart or its distributors using only means of distance communication (i.e.: online, e-mail, telephone, fax or post), you have a specific right of withdrawal in accordance with the following provision.


1. Warranty in case of non-compliance of the Product with the conditions of sale (pursuant to Law 206/2005)

Rights of the Consumer

D-Heart is liable to the Consumer- Buyer for any lack of conformity of the Product with respect to the conditions of sale of D-Heart.

“Product” is the D-Heart device, with the exception of the battery and accessories of the Product.

In the event of a lack of conformity existing at the time of delivery, the Consumer has as the right, without incurring in any costs, to the restoration of conformity of the Product by repair or replacement or to an adequate price reduction or termination of the contract.

The Consumer, at their choice, may ask D-Heart to repair or replace the Product, without incurring in any expense in either case, unless the requested remedy is objectively impossible or excessively burdensome for D-Heart.

If one of the following situations occurs:
A) repair and replacement are impossible or excessively burdensome;
B) D-Heart has not repaired or replaced the Product within a reasonable period, i.e. 30 days;
C) the replacement or repair previously carried out has caused considerable inconvenience to the consumer;
the Consumer may request a reasonable price reduction or termination of the contract.

After reporting the lack of conformity, if the Consumer has not already opted for a remedy, D-Heart may offer one of the available remedies, with the following effects: the Consumer must accept or reject the proposal and choose another remedy, within 8 days of the proposal.

A minor lack of conformity for which it would not be possible or would be excessively expensive to carry out the repair or proceed with the replacement of the Product, does not give the Consumer the right to terminate the contract.


Terms and Conditions

D-Heart is responsible, according to this Warranty, when the lack of conformity of the D-Heart device is detected within 2 years (24 months) from the date of delivery of the Product. For the lithium battery and the accessories of the Product, the period of time covered by the warranty is shorter, as specified below.

Warranty period

Product Components

24 months

D-Heart device (excluding batteries and accessories of the Product)

6 months

Lithium Battery

3 months

Product Accessories- Included: charger, power adapter, housing, ECG cables and disposable electrodes

 

The warranty does not apply to:
— Non-compliance with normal wear;
— Battery life;
— All damages that may occur to the Product due to misuse, abuse, accident, fire, negligence;
— All damages that may occur to people or property due to improper use of the Product.

Any warranty claim pursuant to this provision is subject to the following conditions:

  • the Product must not have been repaired or altered outside an authorised D-Heart facility in any way or by persons other than D-Heart or a party authorised and approved by D-Heart for repair or modification;
  • the Product must have been used solely for its own purpose, in accordance with its operating instructions, all recommendations of D-Heart, its authorised representatives and distributors, and in the environment and setting that D-Heart intended to use as a Product;
  • no part of the Product must have been used or replaced with a part or accessory not supplied or approved by D-Heart;
  • the Product must not have been subjected to improper use, abuse, accident, fire, negligence;
  • all sums due to D-Heart for the product by the consumer must have been paid in full and in available funds;
  • The Product that does not comply with the conditions of sale must be returned to D-Heart in accordance with the return procedure below.

The Consumer loses their warranty rights if they do not report the lack of conformity to D-Heart within 2 months from the date in which they discovered it, considered — unless the Consumer provides different evidence — the day in which the Consumer or a third party authorised by him, other than the courier, takes the Product in physical possession.

The Consumer must immediately notify in writing of the lack of conformity by e-mail to: support@d-heartcare.com.

The above written communication must contain:

  • the Product ID number;
  • the date and invoice number of D-Heart issued for the sale of the product;
  • the reason for the return, with a detailed description of the lack of conformity with the conditions of sale of D-Heart (a photo of the Product would also facilitate the procedure);
  • the chosen remedy, among those indicated above.

Upon receipt and processing of the written communication from D-Heart, the Company will carry out a remote control of the Product, in order to obtain a quick first verification of the reported lack of conformity and update the Consumer regarding the results of the investigation.

If the Consumer chooses to repair/replace the product and D-Heart agrees that the product may be returned, the Company issues a Return Authorisation Number (“RMA”) which is communicated to the Consumer. THIS “RMA” MUST BE PLACED ON ANY DOCUMENT THAT ACCOMPANIES OR CONCERNS THE RETURNED PRODUCTS.

The Product must be shipped clean to D-Heart to the following address: D-Heart S.r.l., Customer Service, Via A. Cantore 8H/38, 16149 Genoa, Italy.

The Product must be shipped with prepaid shipment in its original packaging and must be accompanied by a copy of the D-Heart invoice issued for the sale of the Product.

The Consumer must, at all times, bear all risks related to the return of the Product.

If D-Heart agrees that the Product has a lack of conformity, it shall notify the Consumer and replace or repair the device.

Unless otherwise agreed in writing, if the Product is replaced or repaired under Warranty, D-Heart must return the replacement or repaired Product and refund the shipping costs to the Consumer within 30 days.

If the Product is returned with an invalid warranty request, D-Heart must inform the Consumer and request instructions. If instructions are not received within 7 days of such request, D-Heart may treat the Product as it deems appropriate.

If D-Heart returns the Product to, or under the direction of the Consumer, the Consumer shall pay all costs and bear all risks of such return.

If D-Heart holds the Products, the Consumer will pay D-Heart a reasonable storage charge.

If it has been agreed that D-Heart will carry out work not covered by this Warranty on the returned Product, the Consumer will pay the costs agreed by the parties within 8 days of the invoice of D-Heart and before the Product is returned to him.

For Products repaired or replaced under this Warranty, the future warranty period will be equal to the remaining warranty period of the repaired or replaced product.

If the Consumer opts for the reduction of the price or for the termination of the contract, D-Heart will refund the agreed sum or the entire amount received from the Consumer, including shipping costs (except for the additional costs incurred by the Consumer’s choice of a shipping method other than the standard favorable shipping method) immediately and no later than 14 days from the day on which the procedure was completed to assess the lack of conformity.

For such reimbursement, D-Heart will use the same payment method chosen by the Consumer at the time of the order, unless a different payment method has been expressly agreed between D-Heart and the Consumer.

The Consumer will not be charged any additional fee for the refund.


2. Distance or off-premises contract: instructions for the right of withdrawal of the consumer (pursuant to Law 206/2005)

• Right of withdrawal

The Consumer will have a period of 14 days to withdraw from a distance contract or off business premises, without indicating any reason and without incurring costs other than those mentioned below.

The period of 14 days, as stated above, begins from the day on which the Consumer or a third party authorised by him, other than the courier, takes the Product in physical possession.

To exercise the right of withdrawal, the Consumer will inform D-Heart, Customer Support, by e-mail to: support@d-heartcare.com, making an unequivocal declaration of withdrawal from the contract.

The notice of withdrawal is considered correctly and effectively executed if sent to D-Heart before the expiry of the period of 14 days.


• Consequences of withdrawal

In the event of an effective withdrawal, D-Heart will refund any payment received from the Consumer, including shipping costs (except for additional costs incurred by the Consumer’s choice of a shipping method other than the standard favorable shipping method) immediately and no later than 14 days from the day on which the notice of withdrawal is received.

For this refund, D-Heart uses the same payment method chosen by the Consumer at the time of the order, unless a different payment method is expressly agreed by D-Heart and the Consumer.

The Consumer will not be charged additional costs for the refund.

D-Heart has the right to refuse reimbursement as an alternative until it receives the Product or the Consumer has provided D-Heart with proof that the goods have been returned, depending on which of the two conditions occurs first.

The Consumer is obliged to ship the Product immediately and no later than 14 days from the day on which he sent his withdrawal decision.

The consumer will bear the cost of returning the Product.

The Consumer shall indemnify D-Heart for any deterioration of the Product, unless the deterioration is such that it cannot be caused by an undue handling of the Product by the Consumer.

B2B sales contract

D-Heart Product Warranty & Return Policy

If D-Heart S.r.l. (hereinafter: D-Heart S.r.l., D-Heart, the Company) sells a D-Heart product (hereinafter: D-Heart Device, the Product) to a Company or to a Person who makes the purchase for its activities as a professional, D-Heart S.r.l. covers the Product sold with a one-year warranty, in accordance with EU legislation and following the provisions listed below.

1. Warranty (according to the Italian Civil Code)

Subject to the limitations and exclusions indicated below, D-Heart S.r.l. guarantees to the purchaser that D-Heart Device is free from defects in materials and/or workmanship during the applicable Warranty Period defined below.

 

 

Warranty period

Product Components

12 months

D-Heart device (excluding batteries and accessories of the Product)

6 months

Lithium Battery

3 months

Product Accessories — including, but not limited to: battery charger, power adapter, housing, patient ECG cables and disposable electrodes

 

The applicable Warranty Period begins on the day on which the Buyer or a third party authorised by him, other than the courier, takes the goods in physical possession.

The only and exclusive remedies under this Warranty are, at D-Heart’s discretion, the repair or replacement of the Product affected by defective materials and/or processing. But repair or replacement based on the warranty claim is subject to the following:

  • the Product must not have been repaired or modified outside of an authorised D-Heart facility, in any way or by persons other than D-Heart or a party not authorised and approved by D-Heart for repair or modification;
  • the Product must have been used solely for its specific and appropriate purpose, in accordance with applicable operating instructions, all recommendations of D-Heart or its authorised representatives and distributors, and in the environment and context in which D-Heart has intended that the Product is to be used;
  • no part of the Product must have been used or replaced with a part or accessory not supplied or approved by D-Heart;
  • the Product must not have been subject to improper use, abuse, accident, fire, negligence;
  • all sums due in relation to the Product must have been paid in full;
  • the defective Product must be returned to D-Heart following the return procedure indicated in this Warranty;

 

The Warranty does not apply to:
— defects resulting from proper wear;
— battery life;
— damage that may occur to the Product due to improper use, abuse, accident, fire, negligence;
— damage that may occur to people or property due to improper use of the Product.


2. Return procedure

The Buyer must send a written notice of the defect to D-Heart by e-mail to support@d-heartcare.com as soon as reasonably practicable and in any event within 8 days from the moment Buyer becomes aware of the defect and within the Warranty Period. If the Buyer does not report the defect within the period of 8 days, as indicated above, it loses its right to guarantee.

The written notice must contain:

  • the product ID number,
  • the date and number of the invoice issued for the purchase of the product,
  • the reason for the return, with a detailed description of the defect (the sending of an image of the product would be appreciated).

 

Upon receipt of the written notice, as established above, D-Heart will carry out a remote control of the Product, in order to obtain a first verification of the defect reported and will inform the Purchaser of the results of such remote test.

If D-Heart agrees that the Product may be returned, it issues a Return Authorisation Number (“RMA”) to be notified to Buyer. THIS “RMA” MUST BE PLACED ON ANY DOCUMENT THAT ACCOMPANIES OR CONCERNS THE RETURNED PRODUCTS.

The Product must be shipped clean to D-Heart to the following address: D-Heart S.r.l., Customer Support: Via A. Cantore 8H/38, 16149 Genoa, Italy.

The Product must be shipped with prepaid shipment in its original packaging and must be accompanied by a copy of the D-Heart invoice issued for the Product.

The Buyer always assumes the risks in returning the Product.

D-Heart, if you agree that the Product is defective, inform the Buyer if it chooses to replace or repair it.

Unless otherwise agreed in writing, if the Product is replaced or repaired under this Warranty, D-Heart must return the replaced or repaired Product and refund the previous shipping costs to Buyer within 30 days.

If the Product is returned with an invalid warranty request, D-Heart must inform the Buyer and request its instructions. If the instructions are not received within 7 days of such request, D-Heart may treat the product as it deems appropriate. If D-Heart returns the Product to Buyer following its direction, Buyer shall pay all costs of such return and the return will be at Buyer’s risk. If D-Heart holds the Product, the Buyer will have to pay D-Heart a reasonable storage charge.

If it has been agreed that D-Heart will perform work on the returned Product that is not covered by the Warranty, Buyer shall pay D-Heart’s expenses for such work. The Buyer shall pay D-Heart all sums due under this clause within 15 days of the invoice or as otherwise agreed.

For the Product repaired or replaced under this Warranty, the Warranty Period will be the remaining Warranty Period of the Product originally sold.