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    Conditions applicable to Online Purchases

    Conditions applicable to Online Purchases

    Effective date: July 21 2020

    Table of Contents

    1. Acceptance of the Conditions of Purchase
    2. Warranty
    3. Product description
    4. Errors on the site
    5. Price policy
    6. Sales tax policy
    7. Sale for personal use
    8. CPAP device
    9. Order payment
    10. Order validation
    11. Acceptance/confirmation of your order
    12. Stock shortage
    13. Shipping policy
    14. Product return policy
    15. Campaigns/promotions/contests
    16. Terms of use of Products – Limited warranties
    17. Representations
    18. Governing law and jurisdiction agreement
    19. Waiver
    20. Severability
    21. Updating the present Conditions of Purchase
    22. Questions/comments

    1.      Acceptance of the Conditions of Purchase

    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://boutique.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 allows you to access the Site and to use it conditionally to your compliance to and respect of the Website Terms of Use and the Privacy Policy , incorporated by reference herein. By submitting an order on this Site, you agree to these Conditions, including the Website Terms of Use and the Privacy Policy, and undertake to comply with any and all applicable laws and by-laws.

    2.      Warranty

    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:

    >

    Category

    Product

    Warranty

    Continuous positive airway pressure devices (CPAP) including humidifier

    • Airsense 10 by Resmed (Autoset, Autoset for Her and Elite)

    60 months

    • DreamStation by Philips Respironics (Expert and Pro)
    • SleepStyle by Fisher & Paykel

    CPAP Travel Kit

    • Airmini by Resmed

    36 months

    • DreamStation Go by Philips Respironics

    Mask and Mask parts

    All products of this category by Resmed*, Philips Respironics and Fisher & Paykel

    *except for the AirTouch cushion by Resmed which has a 1-month warranty

    3 months

    CPAP Accessories : Resmed

    • Modem

    60 months

    • Cable and power supply if purchased with CPAP device

    36 months

    • Cable and power supply if purchased as replacement

    3 months

    • Memory card

    3 months

    • Tubing
    • Standard water chamber
    • Reusable water chamber

    12 months

    • Carrying case

    3 months

    CPAP Accessories : Philips Respironics

    • Modem

    24 months

    • Cable and power supply

    3 months

    • Memory card
    • Tubing
    • Water chamber
    • Carrying case

    CPAP Accessories : Fisher & Paykel

    • Modem

    60 months

    • Cable and power supply

    60 months

    • Memory card

    12 months

    • Tubing

    3 months

    • Water chamber
    • Carrying case

    Comfort accessories

    • Pillows

    24 months

    • Tube holder

    3 months

    • Chinstraps

    3 months

    Cleaning accessories

    • Cleaning wipes

    N/A

    • Soap
    • Tube brush Purdoux

    Battery

    • RPS II Battery by Resmed

    6 months

    • RPS II Battery accessories

    24 months

    • Lithium battery by Philips Respironics

    6 months

    • DreamStation Go Battery

    12 months

    • Set of clamps or 12V/24V adapter for battery

    3 months

    Biron undertakes to replace any defective item acquired on this Site during the warranty period indicated in the table above, either by a new item or by a refurbished item of quality and value equivalent to the defective item, all subject to the conditions set out in these Conditions. For more details on the terms of the warranties, please contact us.

    3.      Product description

    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 thirty (30) 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 e) of these Conditions.

    4.      Errors on the Site

    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.

    5.      Price policy

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

    6.      Policy on sales tax

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

    7.      Sale for personal use

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

    8.      CPAP device

    a.      Conditions of purchase of 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). Your signature will be required upon receipt of the package.

    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. Within days following receipt of your order, a respiratory therapist will contact you to follow up on your purchase.

    b.     Remote Monitoring Program (following the purchase of a CPAP device)

    In order to help and facilitate your treatment, Biron offers you remote therapy monitoring via electronic data transfer from a wireless modem duly installed on the CPAP device that you have acquired.

    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:

    Biron takes reasonable steps to protect your personal information, all in accordance with its Privacy Policy [NOTE: Insert hyperlink] 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.

    9.      Payment of your order

    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.

    10.  Validation of your order

    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 in Canada. 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.

    11.  Acceptance/confirmation of your order

    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.

    12.  Stock shortage

    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.

    13.  Shipping Policy

    Please note that no order will be shipped until all Products ordered are ready and available for shipping. In addition, no order will be shipped outside of Quebec, except at Biron's discretion.

    Shipping fees are added to orders of a total value of less than $50 before applicable sale taxes. There are no shipping fees for orders of a total value of $50 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.

    If your client file contains an email address, you will only receive an electronic invoice. If your client file does not contain an email address, then a paper invoice will be provided with the delivery of your order. You may submit the invoice to your insurer in support of your insurance claim.

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

    14.  Product Return Policy

    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 privilege of returning, for any reason whatsoever, a CPAP device that you have acquired on this Site, within a period of ninety (90) 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 device less a sum of $300.00, as administrative costs and use of the device.

    b.     Return of a CPAP Travel Kit

    Biron grants you the privilege of returning, for any reason whatsoever, a CPAP Travel Kit 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 mask (purchased with or without a CPAP device)

    If you have purchased a mask with a CPAP device, Biron offers you the opportunity to exchange the mask for a different model to the one you have acquired (facial, nasal or nasal cushion), within ninety (90) days of the date the Product has been invoiced, subject to the following conditions:

    • When exchanging a mask for another mask of equal value, no additional charges will be applied.
    • When exchanging a mask for another mask of higher value, the difference will be charged and must be paid at the time of the exchange.
    • When exchanging a mask for another mask of lower value, Biron will apply a credit for the amount of the difference to your balance due, or if there is no balance owing, Biron will issue and send a refund to your attention.

    If you have purchased a mask without a CPAP device, Biron offers you the opportunity to exchange the mask for a different model to the one you have acquired (facial, nasal or nasal cushion), within thirty (30) days of the date the Product has been invoiced, subject to the same conditions mentioned above.

    d.     Return of Product purchased on the Site (other than a CPAP device)

    Biron grants you the privilege of returning, for refund, any Product that you have acquired on this Site (other than a CPAP device), within a period of thirty (30) days following the date the Product has been invoiced, provided that such Product has not been used and provided that such Product is returned to Biron within the said delay, in its original state and in its original packaging. When returning the Product, Biron reserves the right to refuse any refund, at its sole discretion, if all conditions mentioned above have not been fulfilled. If all conditions have been fulfilled, Biron agrees to refund the sums received to date for the acquisition of the Product.

    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 three (3) to five (5) business days of receipt of your parcel at our warehouse.

    15.  Campaigns/promotions/contests

    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.

    16.  Terms of use of Products – Limited warranties

    Biron does not provide any contractual warranty to the user of the Products offered on the Site, other than those prescribed by law and the standard warranty attached to a particular Product. 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.

    17.  Representations

    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.

    18.  Governing law and jurisdiction agreement

    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.

    19.  Waiver

    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.

    20.  Severability

    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.

    21.  Updating the present Conditions of Purchase

    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.

    22.  Questions/comments

    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.