Blue Portance Specific Disclaimer and Warranty Terms for the Aporia cushion

1. Non-medical solution, but posture confort aid

• Not a Medical Device: The Product is not a medical device and is not intended for use as part of any medical treatment for potential pathologies. It does not replace professional medical advice, diagnosis, or treatment. Individual results may vary, and users should discontinue use if adverse effects occur.
• Comfort Enhancement Only: The Product is designed to alleviate discomfort associated with musculoskeletal issues, lower back pain, pelvic-perineal discomfort, etc., and to enhance comfort in a sitting position. It is not a therapeutic device, and its use is limited to providing comfort by reducing tensions associated with sitting, sufficient to alleviate the perception of discomfort (such as pressure points or pain). It is based on the dynamic improvement of posture and localized pressure relief in the pelvic-perineal region broadly defined.
• Dynamic Adaptability: The product’s unique design provides dynamic adaptability within the stability cone, as per Professor Dubousset’s model. Users should be aware that movements within this cone offer adaptability in stressful situations, such as discomfort or pain. However, it’s crucial to emphasize that this cushion is merely a tool to unlock one’s adaptive potential and should be used under the guidance of a qualified healthcare professional.
  • Unlocking Adaptive Potential: While the cushion facilitates dynamic adaptability, it is essential to recognize that its true power lies in its ability to help individuals unlock and enhance their innate adaptive potential. The cushion serves as a catalyst for improving flexibility, strength, and overall adaptability. Users are encouraged to incorporate this tool into their wellness routines to harness their body’s natural capacity for adaptation.
  • Professional Guidance: To maximize the benefits of this cushion and ensure safe and effective usage, individuals should seek the supervision of a qualified practitioner in the field of physical medicine. A trained healthcare professional, specializing in physical therapy or medicine, can provide personalized guidance on incorporating the cushion into a tailored rehabilitation or wellness program.
  • Integrated Approach: The use of this cushion is most effective when integrated into a comprehensive approach to physical well-being. This may involve a combination of exercises, stretches, and therapeutic interventions, all tailored to an individual’s unique needs. A healthcare professional will play a pivotal role in assessing, guiding, and adjusting the usage of the cushion within the broader context of a personalized health plan.

• Clarification on Active Sitting and No assertion of Medical Claims: Our website aims to elucidate the drawbacks of passive sitting and propose an alternative—active and adaptive sitting. It’s important to highlight that active and adaptive sitting is not positioned as a medical treatment, and our Cushion seats are not classified as medical devices. This classification is due to the absence of specific clinical studies substantiating that active sitting explicitly « cures, mitigates, treats, or prevents a disease”.
• User Testimonials and Active Sitting: Although users have shared positive experiences, expressing improvement in back and pelvi-perineal issues through our cushion seats, these testimonials are anecdotal. They serve as individual instances where active and adaptive sitting has been beneficial. Despite our optimism regarding the potential advantages of our cushion seats, it’s crucial to note the absence of extensive clinical research validating this correlation. The endurance of these claims under long-term scrutiny remains uncertain. Nevertheless, we are gratified that individuals have discovered our chairs to be beneficial.
• User Responsibility: Users with pre-existing health conditions or injuries should consult with their medical professionals before using the Product to ensure compatibility with their condition, especially in the pelvic or spinal areas and any necessary immobilizations.

2. Limitations of use

• ​User Manual Guidance: It is imperative for users to read and adhere to the guidelines provided in the user manual. The user manual contains essential information regarding proper usage, safety guidelines, and recommendations for optimizing the benefits of the Aporia seating system. Failure to follow the instructions in the user manual may compromise the effectiveness and safety of the product.
• Stable Support Required: The seating support must be stable. Do not place the Aporia seat on a wheeled support. The natural mobility of the Aporia seat during use may contribute to pushing the support backward, potentially causing a fall.
• Proper Mobility and Hip Articulation: The functionality of the seat is closely tied to the user’s mobility. The Aporia seating system may not be compatible with all supports, especially those that impede mobility, such as excessively soft seating surfaces, backrests in direct contact with the cushion, or overly narrow seating. Additionally, proper functioning requires adequate hip articulation, which can only occur if the user’s feet are firmly grounded. Due to the cushion’s height of approximately 9 cm, it is crucial to have an adjustable-height support or footrest to ensure continuous foot support. We emphasize the importance of ensuring that the feet are adequately grounded to facilitate hip articulation.
• Tipping Risks: Users should be aware of the inherent tilting effects of the seating device. It is the user’s responsibility to place the seat on a stable support to prevent tipping risks.
• Risk of Fall: Users must exercise caution as the seating involves dynamic movements. There is a risk of falling, especially during initial use or when transitioning between positions.
• Risk of Pinching and Crushing: The Product contains movable rigid parts that may pose risks of pinching or crushing. Users are advised to exercise caution, especially in the presence of children, and to avoid placing fingers in areas susceptible to pinching during use.
• Not Recommended for Driving: The Company strongly discourages using the Product while operating a vehicle. The seat height and movements may alter the distances between the driver and the gear shift and/or pedals, potentially affecting response times, especially during braking. Any adverse consequences resulting from such usage are the sole responsibility of the user.
• Not Recommended for Car Passenger: Using the Product in a car is not recommended for passengers due to the risk of forward ejection of the seat, which contains dense and rigid components.
• Exclusion of Use in Specific Health Conditions: Users should refrain from using the Product in the presence of unhealed injuries under the seating area or in cases of incontinence unless using the provided protective cover.
• Limitation of Liability: The Company disclaims all warranties, expressed or implied, regarding the Product. The Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or performance of the Product.

3. Customer responsibilities

• Visual Consistency Acknowledgment: The Company is not liable for discrepancies in product appearance due to variations in fabric color or texture. We acknowledge that the depiction of our products on your computer monitor or other devices may differ from the actual color or texture of the fabric at your location. Therefore, we cannot be held responsible for instances where the product’s visual representation does not align with personal preferences. We recommend reviewing our product descriptions and specifications for accurate information regarding fabric color and texture.
• Mobility and Support Compliance: It is the customer’s responsibility to ensure adequate mobility, encompassing both proper hip articulation and continuous support of the feet on the floor. The dynamic adaptability of the seat is contingent on the user’s adherence to these recommendations. This includes utilizing suitable supports and maintaining an appropriate seating environment to guarantee optimal functionality. The Company cannot be held responsible if the user neglects to implement measures to facilitate mobility.
• Size Considerations and Future Options: As of now, our product is available in a single seat size. Customers are urged to ensure that the dimensions specified in the technical specifications are suitable for their needs. If the pelvic morphology is too wide, there may be a potential for discomfort due to an edge effect. The Company is not responsible for products that the customer thinks are the wrong size because they are measuring differently than our website. We plan to introduce an XL size in the future to accommodate broader dimensions. Please stay tuned for updates on additional size options.
• Thickness and Firmness Considerations: Customers should be aware that the perceived thickness and firmness of the seating system are integral to its design. The Company is not responsible for subjective opinions regarding the thickness or firmness of the product, as long as it conforms to the specified dimensions provided on the website. Individual comfort preferences may vary, and users are encouraged to familiarize themselves with the product details and consult the provided specifications to make an informed decision based on their personal preferences and needs.

Compliance with Limitations of Use: Customers are responsible for complying with the limitations of use outlined in this disclaimer and in the product documentation and user manual. The Company shall not be held liable for any incidents, accidents, or injuries resulting from the customer’s failure to adhere to these limitations. Users should exercise caution and prioritize safety by following the prescribed guidelines. Any failure to comply with the specified limitations is at the user’s own risk, and the Company shall not be held responsible for resulting damages or consequences.

4. Warranty info

NOTE: Warranty replacement products can only be issued to customers in the U.S.A. (not including US territories). If you are located outside of the continental U.S.A. and would like to file a warranty claim, please contact the place of initial purchase for replacement product policies.

For additional details on warranty and other product information, please contact us : contact@blueportance.com

• 1-Year Limited Aporia Warranty: Aporia Cushion Seat is covered by a 1 year limited warranty for workmanship and materials. This limited Aporia Warranty extends to Cushion Seat manufactured by Blue Portance and purchased directly from Blue Portance or Blue Portance’s authorized retailers located in the United States (not including US territories).
• Blue Portance warrants that this item will be free from defects in workmanship and materials so long as the item is used for the purpose intended. Blue Portance will repair or replace this item at its own expense if Blue Portance determines that the item is defective in materials or workmanship. This warranty covers defects only. Normal wear and tear, or natural breakdown of colors and materials over extended periods of time and use are to be expected and are not covered under this warranty. Please return product in good condition (in original packaging if possible) with receipt of purchase. First send an email to: return@blueportance.com and we will issue you a pre-paid return shipping label. You can then ship the product back to us at no cost to you. Please make sure to include your return number, your name, email, complete address, and phone number all clearly written on the package so as not to delay processing time.
• Coverage of This Limited Aporia Warranty: This limited Aporia Warranty is applicable to Defects arising from faulty workmanship or materials, as outlined within the specified limitations in this warranty. However, it is important to note that the limited Aporia Warranty does not extend to the following:
  • ​Usage beyond the limitations detailed in this document.
  • Matters addressed in the « Customer Responsibilities » section.
  • Normal increases in softening and settling of materials, or any other normal wear and tear.
  • Comfort preference
  • Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
  • Damage caused by commercial use, such as in a hotel or store.
  • Any cushion seat manufactured by Blue Portance sold by resellers who are not authorized retailers.

• Continued Warranty for Replaced or Repaired Aporia Cushion Seat: Replaced or repaired Aporia Cushion seats remain under the same limited Aporia Warranty as the original Cushion seat. In the event of obtaining a replaced or repaired Cushion seat, the warranty term for the replacement or repaired seat initiates from the date of the original Cushion seat purchase.

Blue Portance Limited Warranty Terms: This warranty is limited to its express terms and replaces all other warranties, whether statutory, express, or implied, including implied warranties of merchantability and fitness for a particular purpose, and for all other obligations or liabilities on the part of Blue Portance. This warranty does not cover damages caused by accident, misuse, mishandling, negligence, customer modification, or failure by the user to use this item according to its instructions. Blue Portance specifically disclaims any responsibility for personal injury or damages, as well as direct, incidental, or consequential damages relating to or caused by the failure of the Blue Portance product to function as represented or achieve the desired results, whether the claim is based on warranty, contract, tort, or otherwise. Blue Portance’s obligations under this warranty are limited to repairing or replacing a product that, after inspection, is deemed defective by Blue Portance. This limited warranty shall be the exclusive remedy available. No person has the authority to make any representation, condition, or warranty to Blue Portance except this limited warranty.

5. Changes and modifications

The Company reserves the right to make changes to the Product or its documentation without any obligation to notify current or prospective users.

6. Acceptance of terms

By using the Aporia seating, users acknowledge and agree to enter a legal agreement with Blue Portance. This agreement is binding not only through the use of the product but also by its purchase. By purchasing the Product, you acknowledge that you have read, understood the product’s functionality, risks, and limitations, and agreed to the terms and conditions of this disclaimer.