1. Introduction
The following terms and conditions govern all use of MSC Medical Shop®. The Website is owned and operated by MSC Home Medical, LLC. The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MSC Medical Shop (Privacy Policy) and procedures that may be published from time to time on this Site by MSC Medical Shop (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered to be an offer by MSC Medical Shop, acceptance is expressly limited to these terms.
2. Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of MSC Home Medical, LLC Copyright © 2021, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
3. Credit Cards
We accept the following credit cards: Visa, MasterCard, American Express, and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e., the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
4. Money Orders, Cashier's Checks, Company Checks, & Personal Checks
We currently DO NOT accept these as form(s) of payment(s)
5. Product Orders
For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order. There will be no additional shipping charges if an item is “out-of-stock”, it will simply ship when it becomes available in inventory.
ResMed products can only be sold to end users residing in the United States and not to other 3rd parties or businesses.
6. Out-of-Stock Products
We will ship your product as it becomes available. Usually, products ship the same day if ordered by 2:00PM, or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping.
7. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MSC Medical Shop® reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
8. Returns
We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for 30 days from the date of purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return 30 days from the date of purchase. Items suitable for restocking/resale will be assessed a 20% restocking fee. Full "Returns" declaration can be found here >>
9. Taxes
MSC Medical Shop® shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of Ohio. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
10. Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, MSC Medical Shop® shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MSC Medical Shop shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MSC Medical Shop shall immediately issue a credit to your credit card account in the amount of the incorrect price.
11. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the website and webpages to which our Website links, and that link to our Website. MSC Medical Shop® does not have any control over those other website and webpages, and is not responsible for their contents or their use. By linking to another website or webpage, MSC Medical Shop does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MSC Medical Shop disclaims any responsibility for any harm resulting from your use of other websites and webpages.
12. Changes and Other Conditions
These Conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether MSC Medical Shop® signs them or not. MSC Medical Shop reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of, or access to the Website following the posting of any changes to this Agreement, constitutes acceptance of those changes. MSC Medical Shop may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
13. Termination
MSC Medical Shop® may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties
The Website is provided "as is". MSC Medical Shop® and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MSC Medical Shop or its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
15. Limitation of Liability
In no event will MSC Medical Shop® or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MSC Medical Shop under this Agreement during the twelve (12) month period prior to the cause of action. MSC Medical Shop shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
All services provided, including the advertisement, ordering, sale, delivery, instruction, and set up of the products, are performed solely by mscmedicalshop.com and independently of the manufacturer.
16. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the MSC Medical Shop® Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
All products purchased come with a manufacturer's standard warranty.
17. Indemnification
You agree to indemnify and hold harmless MSC Medical Shop® its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Prior to the purchase or use of respiratory equipment, it is recommended that you consult your physician for proper use and settings.
18. Notice to Medicare Beneficiaries
Medicare will pay for medical equipment and supplies only if a supplier has a Medicare supplier number. We do not have a Medicare supplier number. Medicare will not pay for any medical equipment and supplies we sell or rent to you. You will be personally and fully responsible for payment.
19. Miscellaneous
This Agreement constitutes the entire agreement between MSC Medical Shop® and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MSC Medical Shop, or by the posting by MSC Medical Shop of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Ohio. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the standard arbitration guidelines in the State of Ohio in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions;
MSC Medical Shop® may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.