Online terms and conditions of sale

These Conditions applicable to online purchases (the “Conditions”) represent the agreement between yourself (“you” or the “Client”) and Biron Soins du Sommeil inc., located at 4105 F Matte blvd., Brossard, Quebec J4Y 2P4 Canada (“We”, “Us” or “Biron”), owner and operator of the website bearing the URL https://cpap.biron.com (the “Site”). The Site is intended for users who have reached the age of majority in their territory of residence and have the capacity to contract.

These Conditions govern the purchase of Products on this Site. “Product(s)” means any item offered for sale on the Site, including all services offered therewith.

Biron provides you with access to and use of the Site. By submitting your order on this Site, you accept these Terms, including the Website Terms of Use and Privacy Policy, and agree to comply with them and all applicable laws and regulations.

Unless specifically indicated for a given model or manufacturer, the warranties listed below apply to all products in a given category. To consult the general terms of the warranties applicable to the Products, please refer to the following table:

Subject to the terms and conditions contained in the manufacturer's warranty agreement found in the user’s manual, Biron will attempt to exchange or repair any defective item acquired from one of its authorized representatives during the warranty period indicated in the warranty table. The choice to exchange or repair under warranty is at the discretion of Biron and/or the manufacturer. In the event of an exchange, Biron will attempt to replace the item with either a new item or a refurbished item of equivalent quality and value, subject to the availability of manufacturer's equipment and parts. This commitment applies to the extent that:

1. The item is maintained and operated in accordance with the specifications in the user's manual and/or accessory replacement guides
2. The part of the item to be repaired or replaced is an original part or an original replacement part, with repairs and/or replacements being made by Biron, the manufacturer and/or an authorized person;
3. Normal precautions have been followed to keep the item in good condition;
4. The item has not been subject to unauthorized modification, misuse, neglect or accident caused by water, animals or other causes.
5. The item has not been used for purposes other than those for which it is designed or used with accessories other than those recommended;
6. The item bears the original manufacturer's identification marks (serial #).

In the event of non-compliance with points 1 to 6, Biron and/or the manufacturer reserves the right to void the warranty. In such a case, any repair and/or exchange, as well as the related transportation costs, will be at your expense.

Subject to the terms and conditions contained in the manufacturer's warranty contract found in the user manual, the warranty is transferable.

Biron offers an extended warranty for $150 subject to the same conditions as the manufacturer's warranty (notice concerning the legal warranty).

Subject to applicable laws, a repair or exchange does not extend the duration of the manufacturer's warranty or the Biron extended warranty.

Biron endeavors to be as precise as possible on the Site. However, Biron does not guarantee that all Product descriptions or other contents of this Site will be accurate, complete, reliable, up to date and/or error free. If the Product you received does not correspond to the description of the Product you have ordered on the Site, Biron's responsibility is limited to reimbursing you for the value of the Product if you return it to Biron in its original state, in its original packaging and within ten (10) days after the Product has been invoiced. For additional information regarding the Product return process, please consult our Product Return Policy, set out in section 14 of these Conditions.

Biron reserves the right to revoke any offer posted on this Site, to refuse or cancel any order and to correct any mistake, inaccuracy or omission on the Site, at any time and without any notice, even after an order has been submitted and even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged and your order is cancelled, Biron will reimburse you the full amount charged, via the original payment mode.

Prices of Products may be modified without notice. Prices posted on the Site are in Canadian Dollars.

Biron collects and pays the sales tax as provided by law.

The Products offered on this Site are offered to the end users only, for personal use and not for resale.

a. CPAP device

The purchase of a CPAP device requires a valid medical prescription. The prescription must include:

• your name and date of birth;
• the type of device prescribed (fixed or variable);
• the pressure setting of the device; and
• the doctor's signature.

If the respiratory therapist does not find a valid prescription in your client file, you will be contacted before the shipping of your order. Once the prescription is received and the order is validated, the device will be shipped by Canada Post (XpressPost).

When you receive your CPAP device at the shipping address you provided, it will have been calibrated by a respiratory therapist according to the prescription in your client file and will be ready to be used.

If you are experiencing a problem with an item and wish to determine possible solutions, you must make an appointment online or contact a customer service agent to schedule a consultation with a professional.

CPAP devices purchased with the Accompaniment Program: for five (5) years, the Accompaniment Program allows you to obtain services and follow-up appointments for your equipment at no charge. At the end of this period, services and follow-up appointments for your equipment will be available at an additional cost.

b. Night Shift LE

The Night Shift LE may only be sold under medical prescription. You are responsible for the proper use and maintenance of the Night Shift LE in accordance with the user's manual. In order to maintain the validity of the warranty, the required maintenance and operation services as outlined in this manual must be performed at the appropriate intervals. In order to report a problem with an item and determine possible solutions, you must contact a customer service agent to schedule a consultation with a professional.

c. Remote Monitoring Program (following the purchase of a CPAP device with support service)

In order to support and facilitate your treatment, Biron offers you remote therapy monitoring through electronic data transfer from a wireless modem or a memory card duly installed on the CPAP device you have purchased.

By accepting Biron’s Remote Monitoring Program, you authorize Biron to retrieve, retain, access and interpret information derived from the use of your CPAP device (start and end of treatment each day, treatment statistics, etc.), which will be forwarded to Biron remotely via the modem described above. You acknowledge having the right to request from Biron a maximum of 8 usage reports per year.

You acknowledge that the transmission of data may be limited or compromised if the CPAP device is used in an area not serviced by "cellular type" telecommunication services. You acknowledge and understand that Biron does not intend to gather this personal information in real time, and so, you cannot at any time consider the use of the modem as a continuous monitoring of your state of health. Therefore, you are responsible for reporting any issues related to your therapy to Biron.

Some personal information (such as your name, contact information, identification of Biron as your health care provider, information about your treatment settings, etc.) will be hosted on the servers belonging to the manufacturer of the CPAP device. You understand that this information will be transmitted and could be used by the manufacturer. For further details regarding the collection and use of your data as part of the Remote Monitoring Program, Biron recommends that you refer to the respective privacy policies of each of the following manufacturers:

Fisher & Paykel Healthcare Inc.
Resmed Corp.
Philips Respironics

Biron takes reasonable steps to protect your personal information, all in accordance with its Privacy Policy and the privacy laws to which Biron is subject. Some Biron staff and your sleep specialist doctor will be able to access your personal information as part of their duties.

d. BSS Limitation of Liability - Therapeutic Monitoring AirMini Travel Device

You acknowledge that the Travel CPAP Device is a supplemental device and as such, its use should be temporary and occasional. You understand that the sale of the travel CPAP device does not include any therapeutic follow-up by BSS. You further declare that you are following a therapeutic treatment on a regular basis with BSS or a third party and that you are using a conventional device as part of this treatment. Accordingly, you release BSS from performing any therapeutic follow-up and sending any adherence report to the treating physician following the purchase and use of the travel CPAP device, and you release BSS from any liability that may arise therefrom.

e. Night Shift LE Therapy Monitoring

Access to the therapy data tracking software is only available to the patient. Biron will not be able to provide a Night Shift LE data report on the quality of positional therapy.
During the trial period, professional coaching is included if needed. The patient must request and agree to provide the Night Shift LE data report to their professional in order to establish the intervention plan.
The patient is also responsible for providing the data from their equipment to their physician during follow-up visits. In order to obtain a report or track the progress of the therapy, you must download the Night Shift Therapy application or software and register your Night Shift LE device.

You may pay your orders on the Site with a credit card issued and accepted in Canada, with a billing address in Canada. We presently accept Visa® and MasterCard®.

The credit cards are charged upon confirmation of the on-line order on the Site, including all taxes and/or shipping and handling fees.

After you place an order on the Site, Biron will validate the information you supplied, by verifying your payment mode, your billing address and your shipping address. Biron will also verify the quantity and the current state of the inventory of the Product you requested. If required by applicable law, Biron will verify that the medical prescription required to purchase a particular Product has been added to your client file.

Biron reserves the right to limit quantities of Products that you can purchase, particularly during a promotion, a discount or bonus offer.

You will receive by e-mail a confirmation of an order placed on the Site.

Your receipt of a confirmation of an order, by e-mail or in any other form, does not imply Biron’s acceptance of your order. At any time after your order has been placed, Biron reserves the right to accept or refuse your order, for any reason whatsoever. Should Biron refuse your order, Biron will reimburse you the debited amount via the original payment mode.

Biron cannot in any way guaranty the availability of the Products offered on the Site. Therefore, all orders placed on the Site are subject to Product availability and will be shipped in accordance with Biron's shipping policy set out in section 13 below.

Should a Product be out of stock, Biron will communicate with you and inform you of the stock shortage. At your choice, Biron may send you the Product as it becomes available or Biron will cancel the order and reimburse you the debited amount via the original payment mode.

Please note that no order will be shipped until all Products ordered are ready and available for shipping. No orders will be shipped outside Canada, except at Biron's discretion.

Shipping fees are added to orders of a total value of less than $100 before applicable sale taxes. There are no shipping fees for orders of a total value of $100 or more before applicable sale taxes. The fees applicable to your order will be clearly stated, as the case may be, before you finalize your purchase of Products on the Site.

Additional shipping fees may apply for any order to be shipped in remote areas, meaning either out of large urban centres or areas not serviced by Canada Post (XpressPost). Before proceeding to such a shipment, we will contact you to obtain your consent to these additional fees. If you refuse, Biron will cancel the order and reimburse you the debited amount via the original payment mode.

For any question related to your order (including a request to cancel your order) you must communicate with Biron:

using our online contact form;
directly by email at boutique@biron.com;
by calling our customer service toll-free number at 1-855-766-6345.

All sales made through the Site are subject to Biron's Product Return Policy. Biron will reimburse you, in whole or in part, for any Products you return in the conditions and within the deadlines specified in this section 14, except for a Product marked "NON-REFUNDABLE" for which no refund is available.

a. Return of a CPAP device

Biron grants you the right to return to Biron, for any reason whatsoever, the CDP machine that you have purchased on this Site, within ninety (90) days of the date of receipt. Upon receipt of the returned device, Biron agrees to reimburse you for the sums received to date for the purchase of said CPAP device, less an amount equal to 9.03% of the total cost of the device for each month of use, including the current month in its entirety, as a usage and management fee. This amount can be calculated upon request by contacting an agent in the chat.

b. Return of a CPAP Travel device

Biron grants you the privilege of returning, for any reason whatsoever, a CPAP Travel device device that you have acquired on this Site, within a period of thirty (30) days following the date the Product has been invoiced. Upon the return of the device, Biron agrees to refund the sums received to date for the acquisition of the CPAP Travel Kit device less a sum of $300.00, as administrative costs and use of the device.

c. Return of a Night Shift LE

Biron grants you the right to return, for any reason whatsoever, the Night Shift LE that you have purchased from one of its authorized representatives, during a period of thirty (30) days following the invoice date. Upon return of the device, Biron agrees to reimburse you for the sums received to date for the purchase of said Night Shift device, excluding the sum of $95 for the trial period.

d. Return of any other product purchased on the Site

Biron grants you the privilege of returning to Biron, for a refund, any Product you have purchased from this Site (other than a PPC device, the Night Shift LE and the Travel PPC), within a period of ten (10) days from the date of receipt of the Product, provided that the Product has not been unpacked and is returned within such period in its original condition. Upon return of the Product, Biron reserves the right to refuse, at its sole discretion, a request for refund if all conditions for refund have not been met. If all conditions for refund have been met, Biron will refund the amount received to date for the purchase of the Product. A $15 return processing fee will be subtracted from the initial cost and a credit for the difference will be issued, in the case of a postal return only. Shipping fees are not refundable.

If you purchased a mask with the fitting period, the program allows you to obtain, free of charge, follow-up services for your mask and Biron offers you the possibility of exchanging the mask for a different model (facial, nasal or nasal-pillow), subject to the following conditions:

- If you have purchased a mask with the fitting period with a CPAP device (with the exception of an Airmini or Dreamstation Go travel device), the fitting period of the mask is ninety (90) days from the date of receipt.
- If you have purchased a mask with the fitting period without a CPAP device or with an Airmini or Dreamstation Go travel device, the mask fitting period is thirty (30) days from the date of receipt.
- When exchanging a Mask for another Mask of the same value, no additional charge will apply.
- When exchanging a mask for another mask of a higher value, the difference in charges must be paid at the time of exchange.
- When exchanging a mask for another mask of lesser value, Biron will apply a credit for the difference in fees to your balance due, or if there is no balance due, Biron will issue a refund to your attention. The refund will be made within 5 to 10 days days of receipt of your returned mask.

During the trial period, you agree to read the user manual and the manufacturer's warranty.
If you purchased your mask without the trial period, you will not be able to exchange your mask for another model during a consultation with a professional. If you need professional advice after purchasing the mask without the program, we can offer you a 30-minute consultation for a fee of $75.

e. Product return process

In order to make a return, you can contact our customer service by phone at toll-free number 1-855-766-6345 or by email at boutique@biron.com. Our customer service representatives will help you choose the most appropriate return method according to your situation, either a postal return or a return directly to a point of service.

If the postal return method is chosen, a Canada Post return label will be sent to you by email. Please follow the steps below:

Before closing the parcel, make sure you have included all the items you wish to return.
Print the postal return label and place it on the parcel containing all the items you wish to return.
A refund will be made automatically to your original method of payment within 5 to 10 business days of receipt of your parcel at our warehouse.

Biron reserves the right to cancel, modify or rearrange, at all times, without notice and for any reason, any promotion, sale, contest, survey, or any other offer communicated by Biron. The promotional codes offered by Biron are valid until the date posted or communicated or until stock exhaustion, in accordance with the applicable terms and conditions. Any unused portion will be lost. Each promotional code is limited to one use per client and one code by order.

No promotional code can be combined with any another offer. No promotional offer can be redeemable for cash. Offers are void where prohibited, taxed or limited by law. No offer is transferable. No offer will be applicable retroactively on Products already purchased. No offer is valid on any resale activity. Products and support obtained under these Conditions are for your personal use and not for resale. Distributors and other resellers cannot benefit from these offers.

AMI points are not currently eligible for any discounts in our online store. To take advantage of your rebates, you must place your order by phone or in person at a point of service.

Biron does not make any express or implied representation with respect to any result expected from the use of any of the Products offered for sale on this Site. You acknowledge that medical results may vary depending on the circumstances or may not be achieved.

Before using a Product purchased on this Site, you must consult the user guide provided with the Product. The user guide contains important information regarding the Product and instructions regarding the handling, use and maintenance of the Product. It is solely, at all time, your responsibility to ensure that the handling, the use and the maintenance of the Product are done properly, in accordance with the instructions contained in the user guide.

Ask your doctor about the inherent risks related to the use of the Products offered on this Site.

Unless otherwise specified and except for its own products and services, Biron does not promote or endorse any specific brand of Products. Moreover, Biron makes no representation whatsoever in relation to the Products, regardless of whether their use has been recommended to you by a third party or not. The Products, including CPAP devices your doctor has prescribed, are being used by you without any representation from Biron to the effect that they will increase your life expectancy or provide you with better health. Only your doctor can inform you of the possible results arising from the use of the Products and devices.

You acknowledge that Biron, its management, directors, officers, employees, agents, licensors and their respective successors and assigns shall, in no event, be liable for damages of any nature whatsoever resulting from the fact that a Product could be inappropriate for you or that a Product did not achieve or bring the expected results, even if Biron knew or should have foreseen the possibility of such damages.

These Conditions shall be governed and construed pursuant to the applicable laws of the Province of Quebec, without regard to the rules of conflict of law. You agree to be subject to the exclusive jurisdiction of the competent courts of Quebec, judicial district of Montreal, with respect to all matters relating to the Conditions as well as any dispute that may arise therefrom. You further agree that the applicable laws shall be the laws of the Province of Quebec and the federal laws of Canada applicable therein.

Any consent to, or waiver of, by Biron, to a failure on your part to comply with the provisions hereof, whether express or implied, shall not constitute a consent to, or a waiver of, any other subsequent or different failure.

Should any provision of these Conditions be determined to be unlawful, invalid or unenforceable by a court of competent jurisdiction, such provision would be deemed to be severed from the Conditions and the remaining provisions shall remain in full force and effect.

Biron may, from time to time and without any notice, modify the present Conditions by updating this page on the Site. Please consult this page regularly to review the Conditions in effect, which constitute the terms and conditions applicable to the purchase of Products on this Site. It is however understood that the Conditions in effect at the time your order is placed on the Site are the Conditions applicable to your order and the ones to which you are bound.

We may subcontract or assign some of our obligations to third parties.

You hereby consent to Biron contacting you, for any reason, at any telephone number, physical address or e-mail address you provide to us. Any notice shall be in writing and may be sent by any reasonable means, including by mail, e-mail, text message or recognized commercial courier.

For any questions and/or comments, please contact us by email at boutique@biron.com or call us at toll free number 1‑855‑766‑6345.