Terms and Conditions of Sale
Please read carefully these Terms and Conditions of Sale, the Legal Notice and Terms and Conditions of Use and our Privacy Statement. By using this Site and by ordering any products from this Site you agree to these Terms and Conditions of Sale and the Legal Notice and Terms and Conditions of Use, and you consent to the collection, use and disclosure of information as described in our Privacy Statement.
You must be over 18 years old to order any products from this Site.
1. TERMS USED IN THIS SITE
In this Site the following terms shall mean:
- "Medigas”, “Praxair”, “Our”, "we" or "us" means Medigas, division of Praxair Canada Inc.;
- "Products" means products offered for sale by us on this Site.
- 2.1 The Products are only intended for purchase and use by customers resident in Canada.
- 2.2 By ordering Products from this Site , you warrant that:
- 2.2.1 You are legally capable of entering into binding contracts;
- 2.2.2 You are at least 18 years old;
- 2.2.3 You are resident in Canada and you are ordering the Products from Canada;
- 2.2.4 You are not purchasing the Products for resale
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending to you an order confirmation.
4. AVAILABILITY AND DELIVERY OF PRODUCTS
Although we endeavour to ensure the availability of the Products shown on this Site, we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you to notify you that we are unable to fulfill the order.
The Products will be at your risk from the time of delivery.
6. PRICE AND PAYMENT
- 6.1 The price of any Products will be as quoted on this Site from time to time, except in cases of obvious error.
- 6.2 These prices exclude sales tax and delivery costs, which will be added to the total amount due shown on the check-out page.
- 6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent an Order Confirmation.
- 6.4 It is possible that, despite our efforts, some of the Products listed on this Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Products to you. If a Product’s correct price is higher than the price stated on this Site, we will normally, at our discretion, either contact you for instructions before dispatching the Products, or reject your order and notify you of such rejection.
- 6.5 We are under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
- 6.6 Payment for all Products must be made by credit card at the time you submit your order. We accept payment with Visa, Master Card, and American Express. We are under no obligation to deliver the Products until we have received payment from you.
- 6.7 Please note that we are unable to make arrangements to receive payment directly from third party insurers or other benefit providers. Accordingly, please make payment in full through the mechanisms provided herein and make your own arrangements to seek reimbursement from any third party insurers or benefit providers under the provisions of your benefit plan or insurance policy.
7. RECEIPT OF PRODUCTS
You must verify that all of the Products listed on the delivery ticket that you receive with the Products that are delivered to you are received by you and are in good and usable condition. You must promptly notify Medigas by email (firstname.lastname@example.org) or by telephone (1-877-333-1696) if any of the Products you have received are not in good and usable condition upon receipt of the Products by you.
8. RETURN POLICY
- 8.1 Items can be returned if they meet the following criteria:
- 8.1.1 Defective CPAP masks and accessories that fall within the manufacturer’s written return policies may be exchanged within 30 days of purchase. Shipping costs are non-refundable.
- 8.1.2 Unopened products, excluding pillows, may be returned within 30 days of purchase. Shipping costs are non-refundable. A 15% restocking fee may be applied.
- 8.2 Return of a product in other cases:
- If you would like to make a return but the product does not meet the criteria stated above, we are willing to consider accepting returns for a purchase credit, based on other grounds, at our discretion. Please email us at email@example.com, along with your name, phone number, order number and date of purchase, and a detailed explanation of why you would like to return the product. We will work with you to determine if the product can be returned for a credit. We cannot accept returns of Products bought in a Medigas Store to the Medigas Express Website.
- 8.3 Items that may not be returned include:
- 8.3.1 Pillows (opened or unopened)
- 8.3.2 Opened or used products, unless found defective upon initial use.
- 8.4 How to return a product:
- Please email us at firstname.lastname@example.org, instructions and a return authorization. A return authorization is required to make a return. In your email, please include your name, phone number, order number, date of purchase and the criteria relied on for the return.
9. SHIPPING INFORMATION
- 9.1 Due to manufacturing, contractual and regulatory restrictions, Medigas Express can ship products only to Canada addresses.
- 9.2 Free shipping is available on orders of $150 CAD or more.
- 9.2.1 This offer is limited to online orders shipped standard within Canada.
- 9.2.2 Taxes and shipping do not count toward the order total for free shipping eligibility.
|Standard -||Usually arrives within 3 to 5 business days||$7.00 CAD|
|Express -||Usually arrives within 2 to 3 business days||$9.00 CAD|
- 9.3 Medigas Express does its best to ensure that your order will arrive on time; however, delivery dates are not guaranteed and your order may arrive after the estimated arrival date for various reasons, such as:
- 9.3.1 Delivery is outside of a major city
- 9.3.2 The order was placed on a Canadian statutory holiday
- 9.3.3 Problems with credit card authorization and verification
- 9.3.4 Inclement weather
- 9.3.5 Carrier error
- 9.3.6 Product(s) are on back order
We do not manufacture the Products sold to you. If the Products sold to you are defective in material or in workmanship, we will assist you to obtain the benefit of the applicable manufacturer’s warranty, if any, which may be in force. Manufacturer’s warranty information is enclosed in the packaging of the Products we deliver to you and may be subject to exclusions, limitations and or the satisfaction by you of certain conditions, including without limitation a mail-in registration requirement. Please refer to the warranty documentation provided by the manufacturer for full details. We do not have any other responsibility to you for the Products sold to you by Medigas. We make no warranty of any kind, express or implied, including any merchantability or fitness for a particular purpose and our sole liability shall be limited to replacement of the Products delivered to you.
11. LIMITATION OF LIABILITY
THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF PRAXAIR. IN NO EVENT WILL PRAXAIR, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY PRODUCTS SOLD THROUGH THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. PRAXAIR DOES NOT ASSUME RESPONSIBILITY FOR ANY INJURY OR DAMAGE WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM THE USE OF MATERIALS OR PRODUCTS THEY DESCRIBE.
12. PERSONAL DATA
Personal details provided by you to us through this website will only be collected, used and disclosed in accordance with our Privacy Statement. By placing an order on this Site, you expressly consent to the collection, use and disclosure or your personal information by us in accordance with the Privacy Statement and you warrant that all information provided by you is accurate.
13. WRITTEN COMMUNICATIONS
For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
14. EVENTS OUTSIDE OUR CONTROL
- 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you that is caused by events outside our reasonable control (a "Force Majeure Event").
- 14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 14.2.1 strikes, lock-outs or other industrial action.
- 14.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- 14.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- 14.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 14.2.5 impossibility of the use of public or private telecommunications networks.
- 14.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
- 14.3 Our performance of any obligations to you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any of these terms of sale or any provisions of this Site are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
These terms and conditions of sale and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of this Site and the Products and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
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