1. INTRODUCTION
This Refund & Return Policy ("Policy") governs purchases made through www.surgestore.in ("Website"), operated by Jindal Medi Surge ("JMS", "Company", "we", "our", or "us"), having its registered office at:
5A/5 Ansari Road, Darya Ganj, New Delhi – 110002, India.
By placing an order through the Website, the Purchaser acknowledges that they have read, understood, and agreed to this Policy.
This Policy must be read together with the Company's Terms & Conditions, Privacy Policy, Medical Device Disclaimer, Shipping Policy, and other applicable Website policies.
Nothing in this Policy is intended to exclude any right or remedy that cannot legally be excluded under Applicable Law.
2. NATURE OF PRODUCTS
SurgeStore may sell medical devices, orthopedic implants, surgical instruments, rehabilitation products, medical equipment, surgical consumables, veterinary products, wellness products, and related healthcare products.
Because certain Products may involve sterility, hygiene, patient safety, traceability, regulatory controls, contamination risks, product integrity, or professional-use requirements, returns and refunds may be subject to strict restrictions.
The Purchaser acknowledges that Products must not be returned, reused, reprocessed, or redistributed where doing so could compromise safety, sterility, traceability, regulatory compliance, or product integrity.
3. RETURN REQUEST PERIOD
Unless a different period is expressly stated for a particular Product:
Eligible return requests must be submitted within 7 calendar days from the date of delivery.
A return request submitted after this period may be rejected to the maximum extent permitted by Applicable Law.
Submitting a return request does not constitute approval.
No Product may be returned without prior written authorization from JMS.
4. CONDITIONS FOR ELIGIBLE RETURNS
A Product may be considered for return only where all applicable conditions are satisfied:
The return request was submitted within the permitted period.
The Product has not been used.
The Product has not been installed, implanted, operated, or clinically applied.
The Product has not been opened where sealed packaging is required for product integrity.
Original packaging remains intact.
Labels, serial numbers, batch numbers, UDI information, and other identification markings remain intact.
The Product has not been altered, modified, damaged, contaminated, or tampered with.
All accessories, manuals, certificates, inserts, and packaging are included.
The Product remains in a condition suitable for inspection and, where legally permissible, resale.
JMS may inspect the Product and determine whether it satisfies the applicable return requirements, subject always to mandatory Applicable Law.
5. NON-RETURNABLE PRODUCTS
To the maximum extent permitted by Applicable Law, the following Products are generally non-returnable and non-refundable.
5.1 Sterile Products
Including, without limitation:
Sterile orthopedic implants;
Sterile surgical products;
Sterile kits;
Sterile instruments;
Sterile consumables;
Bone graft materials;
Bone cement and applicable sterile fillers; and
Other Products supplied in sterile packaging.
For safety, sterility, traceability, and regulatory reasons, sterile Products generally cannot be accepted for return after delivery, particularly where the integrity or chain of custody cannot be conclusively established.
5.2 Opened Products
Products whose packaging has been:
Opened;
Broken;
Tampered with;
Resealed;
Damaged;
Altered; or
Otherwise compromised
may not be eligible for return.
5.3 Used Products
Products showing evidence of:
Use;
Installation;
Implantation;
Clinical application;
Wear;
Testing beyond reasonable inspection;
Contamination; or
Other use
are generally non-returnable.
5.4 Customized and Made-to-Order Products
The following are generally non-returnable:
Custom-made implants;
Customized instruments;
Personalized Products;
Made-to-order Products;
Products manufactured to Purchaser specifications; and
Products involving special manufacturing requirements.
5.5 Special-Order Products
Products specifically sourced, imported, manufactured, or procured at the Purchaser's request may be non-returnable.
5.6 Promotional, Clearance and Liquidation Products
Products sold as clearance, liquidation, promotional, discounted, or final-sale Products may be non-returnable unless otherwise expressly stated or required by Applicable Law.
5.7 Temperature-Controlled Products
Products requiring controlled storage, transportation, refrigeration, or temperature conditions may be non-returnable where the Company cannot verify that the required conditions were maintained after delivery.
5.8 Digital Products
Digital, downloadable, software-based, or electronically delivered Products are non-returnable once supplied, downloaded, accessed, activated, or otherwise made available, except where Applicable Law requires otherwise.
5.9 Professional and Restricted Products
Professional-use, hospital-use, prescription, restricted, regulated, or otherwise controlled Products may be non-returnable where return restrictions arise from Applicable Law, manufacturer requirements, quality systems, sterility requirements, traceability obligations, or safety considerations.
6. WRONG PRODUCT OR MATERIAL ORDER ERROR
Where the Purchaser believes that a materially different Product has been supplied, the Purchaser must notify JMS within:
48 hours of delivery.
JMS may request:
Photographs;
Product labels;
Batch or lot information;
Serial numbers;
Packaging photographs;
Shipping documentation;
Delivery records; and
Other information reasonably necessary to investigate the claim.
The Purchaser must retain the Product and packaging until JMS provides further instructions.
The Purchaser must not use, modify, dispose of, or return the Product without authorization.
7. TRANSIT DAMAGE AND SHORTAGE
The Purchaser should inspect the shipment immediately upon delivery.
Visible:
Transit damage;
Packaging damage;
Missing Products;
Missing components; or
Other apparent delivery discrepancies
should be reported within:
48 hours from delivery.
The Company may request photographs, delivery records, packaging evidence, carrier documentation, or other evidence.
Failure to report apparent damage or shortage within the stated period may affect eligibility for a claim, subject to Applicable Law.
8. ALLEGED DEFECTIVE PRODUCTS
Where a Product is alleged to be defective, JMS may, to the extent reasonably necessary:
Inspect the Product;
Request photographs or technical information;
Review manufacturing or batch records;
Obtain manufacturer evaluation;
Conduct technical assessment;
Request independent examination;
Request return of the Product; or
Take other reasonable steps to investigate.
A claim of defect does not automatically establish that the Product is defective or create an automatic right to a refund.
Where a defect is established and JMS is legally responsible, the remedy shall be determined in accordance with Applicable Law and the applicable warranty or Product terms.
9. RETURN AUTHORIZATION
No Product may be returned without prior written authorization from JMS.
The Purchaser must obtain a Return Authorization ("RA") before dispatching a return.
Unauthorized returns may, to the maximum extent permitted by Applicable Law:
Be refused;
Be rejected;
Be returned to the Purchaser at the Purchaser's expense; or
Be handled in accordance with applicable safety, regulatory, storage, and disposal requirements.
JMS shall not be responsible for Products sent without authorization.
10. RETURN SHIPPING
Unless JMS expressly agrees otherwise in writing, the Purchaser is responsible for:
Return shipping;
Packaging;
Insurance;
Customs charges;
Duties;
Taxes;
Regulatory charges;
Import/export documentation;
Handling charges; and
Other costs associated with returning the Product.
The Purchaser is responsible for ensuring that returned Products are packaged and shipped in a manner that protects them from damage, contamination, loss, or regulatory issues.
11. INTERNATIONAL RETURNS
International Purchasers acknowledge that returning medical devices across borders may involve additional regulatory and customs requirements.
The Purchaser is solely responsible for applicable:
Export documentation;
Import documentation;
Customs declarations;
Duties;
Taxes;
Regulatory approvals;
Return permits;
Carrier requirements; and
Other governmental requirements.
JMS shall not be responsible for customs delays, seizures, import refusals, destruction, storage charges, regulatory restrictions, or governmental action affecting a returned shipment, except to the minimum extent such liability cannot legally be excluded.
12. REFUND APPROVAL
Where a refund is approved, JMS may, subject to Applicable Law, issue the refund through:
The original payment method;
Bank transfer;
Store credit; or
Another commercially reasonable method.
Refunds may be subject to deductions permitted under this Policy or Applicable Law, including eligible shipping, payment-processing, handling, restocking, or other charges.
13. REFUND PROCESSING
Approved refunds are generally processed within:
7–30 business days
after all required return conditions have been satisfied and the returned Product has been received and approved, where physical return is required.
Actual receipt of funds may take additional time depending upon:
Banks;
Payment processors;
International banking systems;
Currency conversion;
Regulatory review; or
Other third-party processing.
JMS does not control processing times imposed by third-party financial institutions.
14. NON-REFUNDABLE CHARGES
To the maximum extent permitted by Applicable Law, the following may be non-refundable:
Original shipping charges;
Return shipping charges;
Handling charges;
Insurance charges;
Customs duties;
Import taxes;
Export charges;
Regulatory fees;
Documentation charges;
Payment gateway fees;
Banking charges;
Foreign exchange losses; and
Other third-party charges actually incurred.
15. CUSTOMER ORDER CANCELLATIONS
Customers may request cancellation before shipment.
Cancellation is not guaranteed once an order has been:
Processed;
Picked;
Packed;
Customized;
Specially procured;
Manufactured;
Dispatched; or
Shipped.
Where cancellation is permitted, JMS may deduct reasonable costs actually incurred, including payment-processing, procurement, manufacturing, customization, handling, restocking, or other applicable charges, to the extent permitted by Applicable Law.
16. COMPANY ORDER CANCELLATIONS
JMS may cancel or refuse an order where:
The Product is unavailable;
A pricing or listing error occurs;
Regulatory requirements cannot be satisfied;
Required documentation is unavailable;
Payment cannot be verified;
Fraud or suspicious activity is identified;
Export restrictions apply;
Import restrictions are identified;
The transaction creates regulatory or compliance concerns;
Shipment cannot legally or practically be completed; or
Other legitimate legal, regulatory, operational, or safety reasons exist.
Where payment has already been received, JMS may refund amounts actually received for the cancelled Product, subject to Applicable Law.
17. PRESCRIPTION AND RESTRICTED PRODUCTS
For Products identified as:
Prescription Required;
Professional Use Only;
Hospital Use Only;
Restricted Sale;
Regulated Product; or
Subject to special authorization,
JMS may request appropriate documentation before shipment.
JMS may refuse or cancel an order where required documentation is not provided or where shipment would create legal, regulatory, safety, or compliance concerns.
18. PRODUCT RECALLS AND SAFETY ACTIONS
If a manufacturer, regulatory authority, or JMS initiates a recall, correction, replacement, safety notice, or field action, the Purchaser agrees to cooperate with the applicable procedure.
JMS's obligations shall be limited to the actions required under Applicable Law and the applicable recall or safety instructions.
The Purchaser shall not independently dispose of, modify, return, or otherwise handle recalled Products contrary to applicable instructions.
19. PRODUCT MISUSE
Refund or return rights may be denied, to the maximum extent permitted by Applicable Law, where the Product has been:
Misused;
Used outside its intended purpose;
Improperly stored;
Improperly handled;
Improperly sterilized;
Modified;
Altered;
Repaired without authorization;
Combined with incompatible Products;
Used by an unqualified person;
Used contrary to instructions; or
Otherwise subjected to conditions that may affect Product safety or integrity.
20. INTERNATIONAL REGULATORY RESPONSIBILITY
The Purchaser is solely responsible for determining whether a Product is legally permissible for importation, possession, distribution, resale, or use in the destination country.
A refund shall not automatically be due merely because:
The destination country requires additional registration;
An import permit was not obtained;
Customs refuses entry;
A regulator requires additional documentation;
The Purchaser did not verify local requirements; or
The Product cannot legally be sold or used by the Purchaser in the destination market,
except where a refund is required by Applicable Law.
21. MAXIMUM LIMITATION OF LIABILITY
To the fullest extent permitted by Applicable Law, Jindal Medi Surge, SurgeStore.in, and their respective owners, directors, officers, employees, affiliates, agents, representatives, contractors, suppliers, manufacturers, licensors, logistics providers, payment providers, and service providers shall have no liability for any loss, damage, claim, expense, cost, injury, or liability arising from or relating to a return, refund, cancellation, rejected claim, delayed refund, Product dispute, shipment, or Product transaction.
Without limitation, JMS shall not be liable, to the maximum extent permitted by Applicable Law, for:
Loss of profits;
Loss of revenue;
Loss of business;
Loss of contracts;
Loss of customers;
Loss of goodwill;
Loss of opportunities;
Business interruption;
Data loss;
Clinical outcomes;
Surgical outcomes;
Medical complications;
Veterinary complications;
Indirect damages;
Incidental damages;
Special damages;
Consequential damages;
Exemplary damages;
Punitive damages;
Customs losses;
Regulatory losses;
Import or export losses;
Currency losses; or
Third-party claims.
This exclusion applies regardless of whether a claim is based upon contract, warranty, negligence, tort, statute, strict liability, or any other legal theory, to the extent permitted by Applicable Law.
22. MAXIMUM REFUND AND LIABILITY CAP
To the fullest extent permitted by Applicable Law, where JMS is determined to have any refund or financial liability relating to a Product, order, return, or transaction, the maximum aggregate amount recoverable from JMS shall not exceed the amount actually paid directly to JMS for the specific Product giving rise to the claim.
No liability shall arise for amounts paid to third parties, distributors, resellers, agents, hospitals, clinics, marketplaces, carriers, customs authorities, or other entities unless Applicable Law expressly provides otherwise.
23. EXCLUSIVE REMEDY
To the maximum extent permitted by Applicable Law, where JMS is determined to have responsibility for a valid Product claim, JMS may, at its option and subject to Applicable Law:
Replace the affected Product;
Repair the affected Product where reasonably possible;
Provide an equivalent Product; or
Refund the amount actually paid directly to JMS for the affected Product.
The Purchaser shall not be entitled to duplicate recovery under multiple remedies for the same claim.
24. FRAUDULENT OR ABUSIVE CLAIMS
JMS may investigate claims that appear fraudulent, abusive, misleading, duplicated, unsupported, or inconsistent with the transaction records.
JMS may suspend processing while an investigation is conducted.
Where permitted by law, JMS may refuse fraudulent or abusive claims and may take appropriate legal or regulatory action where necessary.
25. EVIDENCE AND INSPECTION
The Purchaser agrees to provide reasonable information required to investigate a return, refund, damage, shortage, or defect claim.
JMS may request:
Photographs;
Videos;
Product labels;
Serial numbers;
Batch numbers;
Packaging;
Invoices;
Delivery records;
Customs documents;
Technical information; and
Other reasonably relevant evidence.
Failure to provide requested information may result in rejection of the claim where permitted by Applicable Law.
26. NO MEDICAL OR CLINICAL LIABILITY CREATED BY RETURN POLICY
Nothing in this Policy constitutes medical, surgical, veterinary, diagnostic, therapeutic, or clinical advice.
Acceptance of a return, issuance of a refund, replacement of a Product, or resolution of a commercial claim shall not constitute an admission by JMS of:
Product defect;
Clinical fault;
Medical negligence;
Surgical fault;
Veterinary negligence;
Liability;
Causation; or
Any other wrongdoing.
27. INDEMNIFICATION
To the fullest extent permitted by Applicable Law, the Purchaser agrees to indemnify and hold harmless JMS, SurgeStore.in, and their respective directors, officers, employees, affiliates, agents, representatives, contractors, suppliers, and service providers from claims, losses, costs, damages, penalties, and reasonable legal expenses arising from:
Product misuse;
Unauthorized use;
Incorrect Product selection;
Improper storage;
Improper sterilization;
Unauthorized modification;
Regulatory violations;
Import/export violations;
Resale or distribution violations;
False information;
Fraudulent claims;
Breach of this Policy; or
Breach of the Terms & Conditions.
This indemnity shall apply only to the extent permitted by Applicable Law.
28. NO WAIVER OF LEGAL RIGHTS
Nothing in this Policy is intended to exclude, restrict, or waive any statutory right, consumer right, product-liability protection, warranty, remedy, or other legal right that cannot lawfully be excluded.
Where mandatory law requires a refund, replacement, repair, compensation, warranty, or other remedy, that mandatory requirement shall apply only to the extent legally required.
All other exclusions, limitations, conditions, and protections in this Policy shall remain effective.
29. SEVERABILITY
If any provision of this Policy is determined to be unlawful, invalid, or unenforceable, that provision shall be modified or enforced to the maximum extent permitted by Applicable Law.
The remaining provisions shall remain valid and enforceable.
30. GOVERNING LAW
This Policy shall be governed by and interpreted in accordance with the laws of India, subject to any mandatory laws that cannot legally be excluded.
31. JURISDICTION
Subject to mandatory rights that cannot legally be excluded, disputes arising from this Policy, the Website, or any transaction shall be subject to the jurisdiction of the competent courts in New Delhi, India.
Nothing in this clause is intended to remove any mandatory jurisdiction or legal remedy that cannot lawfully be excluded.
32. MODIFICATION OF POLICY
JMS reserves the right to modify this Policy at any time.
The revised Policy shall become effective when published on the Website unless otherwise stated.
The Policy applicable to an order shall generally be the version applicable at the time of that transaction, subject to Applicable Law.
33. ACKNOWLEDGMENT
By placing an order through www.surgestore.in, the Purchaser acknowledges that:
They have read this Policy;
They understand the return restrictions applicable to medical and healthcare Products;
They understand that certain Products cannot be returned for safety, sterility, regulatory, hygiene, or traceability reasons;
They are responsible for selecting Products appropriate to their requirements;
They are responsible for complying with applicable import, export, regulatory, and professional requirements;
They agree to follow applicable Product instructions; and
They agree to this Policy to the maximum extent permitted by Applicable Law.
34. CONTACT
Jindal Medi Surge
5A/5 Ansari Road, Darya Ganj
New Delhi – 110002, India
Website: www.surgestore.in
For return, refund, cancellation, or Product-related queries, please contact JMS through the contact details published on the Website.
IMPORTANT LEGAL NOTICE
This Policy is intended to provide maximum reasonable contractual protection to Jindal Medi Surge and SurgeStore.in.
No Refund & Return Policy can legally guarantee that a company will have zero liability in India or worldwide. Mandatory consumer-protection, product-liability, medical-device, warranty, tort, privacy, and other laws may override contractual exclusions.
Accordingly, all exclusions and limitations in this Policy apply to the fullest extent permitted by Applicable Law, and where a particular liability cannot legally be excluded, it shall be limited to the minimum extent required by mandatory law.
All remaining exclusions, limitations, liability caps, indemnities, conditions, and protections shall continue to apply.
