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Terms and Conditions

GENERAL CONDITIONS OF SALE

This website is owned and operated by Hubermed. All orders and purchases made through the facilities of this website shall be subject to these Online Shopping Terms and Conditions.

These Online Shopping Terms and Conditions, the use of this website and any order or purchase made through the facilities of this website shall be governed by the laws of the province of Quebec and the laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

In these General Conditions of Sale (the "Conditions"), the term "Hubermed" means the Hubermed vendor as identified on your invoice and/or order confirmation; "Order Confirmation" means formal acknowledgement of Product ordered by you, sent by Hubermed ; "Product(s)" means the products described in the invoice and/or order confirmation sent by Hubermed and, when not explicitly excluded, "Product(s)" also include general service and support carried out by Hubermed, "You or the Buyer" means a person or company purchasing Products from Hubermed ; "Contract" means any agreement to the effect that the Buyer shall purchase Products from Hubermed . Unless otherwise is explicitly stated, the definitions above will apply to all sections of these Terms & Conditions.

1. Application

1.1 Unless you have agreed otherwise with Hubermed these Conditions apply to any sale for Products made by Hubermed and all statements made by Hubermed in brochures, price lists, adverts and quotations. Quotations are only valid in writing and during the period they state. If not stated, the period is ten (10) days.

1.2 Orders may be received by writing, internet, telephone or fax. A Contract is deemed concluded when accepted by Hubermed in an Order Confirmation or upon delivery of the Products, whichever is earlier. Please check the Order Confirmation and notify Hubermed of any mistake in writing immediately or the details in the Order Confirmation will apply to the Contract. Placing your order means acceptance of these Conditions. Any variations to a Contract must be confirmed by Hubermed in writing. All prices listed on this website are subject to confirmation. Hubermed will notify you by eMail within hours of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order. If you do not receive an eMail within 24 hours of completing a purchase order, Hubermed is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by eMail to info@hubermed.comwith confirmation of your intention to purchase the item at the confirmed price.

2. Price and payment

2.1 Prices for Products, tax, shipment, insurance and installation will be as shown on your invoice. Changes to exchange rates, duties, insurance, freight and purchase costs (including for components) may cause Hubermed to adjust prices accordingly. All prices listed on this website are in Canadian dollars and all charges will be processed in Canadian dollars.

2.2 Payment shall be made before supply or, if agreed, within the number of days, from the invoice date, set out in the invoice. If payment is late the maximum statutory interest rate will apply on the late amount. Hubermed may suspend deliveries until full payment, for a Contract, has been received.

3. Delivery and return

3.1 The delivery period in the Order Confirmation is approximate.Hubermed will strive to deliver in 1-2 working days however Hubermed reserves the right to complete the delivery of the order in 15 working days . The place of delivery is stated in the Order Confirmation. Title to the Products will pass to the Buyer when full payment has been received by Hubermed. If You refuse delivery without Hubermed’s consent, You must pay Hubermed’s expenses or loss resulting from that refusal, including, storage costs, until You accept delivery. Risk of the loss of the Products passes to You on delivery. Hubermed will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, Hubermed will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, Hubermed will notify you as soon as possible.

3.2 When You receive the Products You must inspect it for any defects or non-conformity within seven (7) days. After this period You will have accepted the Products.

3.3 You may return Products to Hubermed under the following conditions: (i) returns within thirty (30) days are accepted on any Hubermed Products purchased as long as there is an offsetting (exchange) order of equal or greater value; (ii) returns later than thirty (30) days but within ninety (90) days are accepted on any Hubermed purchased as long as there is an offsetting (exchange) order of equal or greater value, however Hubermed is entitled to charge you with a twenty-five (25.00) CAD handling fee (CAD if you are situated in CANADA); (iii) returns later than ninety (90) days are not accepted and you will not receive any refund.

3.4 To be eligible for return, all Products must be (i) not opened and listed in the current Hubermed catalogue; (ii) tamper free; and (iii) with no visible defects. Products returned with less than six (6) months expiry dating will not be accepted. Products purchased in a kit or set cannot be returned as individual components. Return packages should be sent to Hubermed applicable address via traceable methods.

4. Liability

4.1 In no event shall Hubermed be liable for indirect or consequential damages.

4.2 The Products furnished by Hubermed are not intended to be used to determine diagnosis, prognosis or a course of treatment. Neither the Products nor any information made available by Hubermed are intended to replace the services of a trained health professional or to be a substitute for medical advice of physicians. Hubermed makes no representations or warranties with respect to the Products regarding treatment, action, or application of medication.

5. Miscellaneous

5.1 The personal data submitted to Hubermed by you will be held and/or transferred in strict accordance with the applicable data protection laws. It is your responsibility to obtain your patients' consent to transfer any personal data to Hubermed. You consent to your personal data being transferred to a Hubermed company outside of CANADA.

5.2 Hubermed may subcontract, assign or transfer its obligations or rights to a competent third party. You may not assign or transfer any of your obligations.

5.3 Hubermed reserves the right to not ship certain kit–instruments and accessories offered on the Hubermed site should the purchaser not previously own an original corresponding kit that includes all kit specific instruments and accessories. delivery and access to an exchange unit during the repair period; (ii) spare parts, labour and delivery of the repaired unit to you. The RBE service only comprises repair, not loss of accessories.

5.4 Products that have, in Hubermed’s opinion, been (i) subject to misuse or neglect by you; (ii) used with accessories not supplied or approved by Hubermed ; (iii) used contrary to the manual; or (iv) maintained or repaired by personnel not authorised by Hubermed will not be considered part of this agreement

Fraud Prevention

In order to protect you and Hubermed from fraudulent transactions, Hubermed may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. Hubermed also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses. In the event that Hubermed chooses not to ship an item, you will be notified by eMail and any amount charged to your credit card will be refunded.