Terms And Conditions

These terms and conditions outline the rules and regulations for the use of The Phoenix’s website.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use The Phoenix’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of USA. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using The Phoenix’s website you consent to the use of cookies in accordance with The Phoenix’s privacy policy.

Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, The Phoenix and/or it’s licensors own the intellectual property rights for all material on The Phoenix. All intellectual property rights are reserved.

Product Usage and Warnings

The Phoenix is not a toy, it is a medical device which emits powerful sound waves. These sound waves are safe if used as intended but may be dangerous and harmful if used improperly. The Phoenix must only be used in accordance with the printed and video instructions which are included with the product and which are available on the Company website. To avoid injury or harm you must:

• ONLY use the Phoenix as directed.

• ONLY use the Phoenix after consulting with a physician to confirm that it is safe for you to do so.

• NEVER place the tip or any other portion of the Phoenix on any part of your body other than those body parts and locations specifically called out in the operating instructions.

• NEVER place the tip or any other portion of the Phoenix on your eyes or ears or anywhere on your face or head.

• NEVER use the Phoenix in or near standing or running water as this may pose an electrical shock hazard.

• NEVER insert the Phoenix in any orifice of yours or anybody else’s body.

• NEVER use the Phoenix more frequently than directed in the operating instructions or as advised by a competent medical professional.

• NEVER use the Phoenix in a small enclosed space without using hearing protection as the device emits loud noise which could damage your hearing.

You must not:

• Republish material from The Phoenix.

• Sell, rent or sub-license material from The Phoenix

• Reproduce, duplicate or copy material from The Phoenix

• Redistribute content from The Phoenix (unless content is specifically made for redistribution).

No use of The Phoenix’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our website.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Refund Policy

Fast, Free Shipping in Discreet Packaging

Orders are processed within 1-2 business days.

You will receive a tracking number once your order leaves our facility.

Have questions about your order? Contact us anytime by chat, or call our office during normal business hours: 1-866-781-9616 7am to 5pm Pacific Time (Se habla Español)

90 Day Return Policy, Manufacturer’s Warranty

You have 90 days from the date your order arrives to return The Phoenix for a refund. If returning for a refund, the customer is responsible for return shipping. Contact us prior to shipping your device back so that a return authorization can be provided. Your RMA number must be included with your shipment for identification purposes.

If your device is defective, we will gladly inspect and, if necessary, exchange it during the standard one year manufacturer’s warranty (including free shipping).

If you are returning a device, please clean it. For the health and safety of our team, we reserve the right to refuse devices sent back to us in an unsanitary condition. Also, please do not return open packets of lubricant or numbing cream - they cause a mess in transit.

90 days after your order arrives, all sales are final.

Please note that damaged products cannot be returned. For this reason, we do not recommend storing your Phoenix upright on an elevated surface - if it tips or falls over, the stainless steel tip can be damaged.

We offer an extended manufacturer`s warranty, which gives you a full year of coverage (including one incident of accidental damage). Simply add ProGuard to your cart at checkout to further protect your investment.

If your product was damaged during shipping, please let us know right away.

To initiate a return, send an email to support@launchmedical.com for a return authorization.

To ensure you see our response, please add support@launchmedical.com to your email address book and/or safe sender`s list. Sometimes our replies get stuck in your spam filter.

Refund requests are handled in the order they are received. The dates used to determine eligibility are (a) the date your order arrived and (b) the date your email was sent, generating your support ticket.

The time it takes us to respond will not count against your 90 day window. We will honor your request as long as the product is not damaged and your original request arrived within the 90 day window.

Marketing Policy

You agree to be marketed to via phone call, voicemail, email, text, Facebook messenger, desktop notifications, and direct mail, unless you “opt-out” or unsubscribe. To “opt-out” or unsubscribe, please follow the directions stated in the marketing.

Shipping Policy

Fast, Free Shipping in Discreet Packaging

Orders are processed within 1-2 business days.

Domestic shipping normally takes 2-5 days after leaving our facility to arrive at your door. However, we have noticed some shipments delayed by circumstances related to COVID-19.

You will receive a tracking number once your order leaves our facility.

Have questions about your order? Contact us anytime by chat, or call our office during normal business hours: 1-866-781-9616

7am to 5pm Pacific Time (Se habla Español)

Return Policy, 90 Day Home Trial

You may request a Return Authorization Form within 90 days of your order arriving at your door by contacting a member of our team. The Return Authorization Form must be included with your shipment, otherwise, our lab will not be able to identify your device when it arrives at our facility.

You are responsible for return shipping if you are returning your Phoenix for a refund. We highly recommend having your package tracked and fully insured. We are not responsible for lost or damaged shipments. You must ship your Phoenix back to us within 30 days of requesting a refund. Once it arrives, our team will inspect your device for damage and issue a refund. We will contact you if we suspect the device has been damaged. We reserve the right to refuse to refund merchandise that has been damaged or sent back in an unsanitary condition.

If you believe your Phoenix is defective, we will gladly inspect it and make any necessary repairs during your 90 day home trial. We will provide you with a prepaid shipping label and pause your home trial while we work on your device.

90 days after your order arrives at your door, all sales are final unless we have specifically provided you with an extension (documented in writing via email, chat or support ticket).

Please note that damaged products cannot be returned. For this reason, we do not recommend storing your Phoenix upright on an elevated surface - if it tips or falls over, the stainless steel tip can be damaged. You should only use The Phoenix in the United States with the power adapter it shipped with. The wrong voltage can damage your device.

We highly recommend purchasing our optional ProGuard warranty, which gives you a full year of coverage and additional benefits.

If your product was damaged during shipping, please let us know right away. We can file a claim and in most cases replace your damaged product.

To initiate a return:

Contact a member of our team by phone, email or chat to request a Return Authorization Form. Once approved, we will email you with instructions. To avoid our messages ending up in your spam folder, please add support@launchmedical.com to your safe sender list.

Refund requests are handled in the order they are received. The dates used to determine eligibility are (a) the date your order arrived at your door and (b) the date you submitted your request, generating your support ticket.

The time it takes us to respond will not count against your 90-day window. We will honor your request as long as the product is not damaged and your original request arrived within the 90-day window.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury resulting from negligence;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

ProGuard Terms and Conditions

ProGuard is an optional extended warranty that provides complete coverage for one year from the date your original Phoenix arrives at your door (verified via FedEx tracking). If the device stops working, contact a member of our 24/7 support team for assistance. We’ll troubleshoot with you and get the unit back to our lab for inspection if we can’t resolve the problem.

Accidental Damage

If you drop or damage your device, you are entitled to one incident of repair or replacement (at our discretion). The damaged unit must be returned. If it cannot be repaired, we will replace the unit with a new device at no cost to you.

Device Failure (Not Physically Damaged)

If your Phoenix fails or stops working, and it has not been physically damaged, contact a member of our 24/7 support team for a return authorization. Our lab will inspect your unit and repair it or replace it if necessary (at our discretion). If we find that the device has been physically damaged, repair or replacement will count against the accidental damage replacement limit.

Loss of Device

Loss or theft of your Phoenix is not covered by ProGuard. Your unit must be returned to us (domestic shipping is covered by us).

International Shipping

We are happy to cover domestic shipping costs within the United States. ProGuard coverage is limited to the United States. If your device is shipped or transported outside the United States, we cannot provide repair or replacement for two important reasons:

• The cost of international shipping is not covered by your plan.

• We do not provide documentation for, nor do we take responsibility for import/export fees. As a medical device, it is possible that the unit may be held up by customs when shipped internationally (either to our lab or back to you).

Accessories

ProGuard coverage is extended to The Phoenix (including the nose cone, stainless steel treatment tip, and power adapter). This coverage is not extended to accessories (i.e. extra supplies). If you have an issue, please contact a member of our 24/7 support team - we’ll do our best to help.

SMS/MMS Mobile Message Marketing Program

• When you opt-in to the service, we will send you an SMS message to confirm your signup.

• Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.)

• You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

• If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

• We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

• As always, message and data rates may apply for any messages sent to you from us and to us from you. Frequency of messages may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@launchmedical.com

If you have any questions regarding privacy, please read our privacy policy.