2 Location of User Agreement Links
3 You Agree To
4 You Will Not
6 PDF Links
7 Governing Law
8 Legal Notice
9 Notice to CPAP Distributors & Manufacturers
10 Included in this Contract
11 Medical Insurance & Medicare Notice
12 Product and Medical Content
13 Telephone Orders
14 FDA Regulations
15 Typographical Errors
16 Scanning our Site with Robots
17 Order Cancellations
18 Non Payment
19 No Agency
20 Closing an Account or Restricting Access
21 Product Reviews
23 Accepting User Agreement
25 Service Policy
28 Shipping & Sales Policy
29 Return Policy
Welcome to CPAP Discount Store. By using the services on CPAP Discount Store, you are agreeing to the following terms with CPAP Discount Store. The information contained within this page and the linked pages is a contract between you and CPAP Discount Store. Before you may use the CPAP Discount Store website and services, you must read and accept all of the terms and conditions in this User Agreement.
Use of this web site constitutes acceptance of our User Agreement and our Legal Notice.
(2) Location of User Agreement Links:
The User Agreement link is located in five places. First, the User Agreement link is located on all pages of this web site. Secondly, the User Agreement link is located in the Welcome Email after you register on the web site. Third, during the checkout process
when the checkbox labeled (I agree to the User Agreement) needs to be selected. Fourth, when you receive an email from CPAP Discount Store, the User Agreement link is located in the footer of the email. Fifth, the User Agreement is enclosed in all prescription orders.
(3) You Agree To:
(a) You agree to supply CPAP Discount Store with a prescription for all prescription items sold on this web site.
(b) You agree to supply CPAP Discount Store with your physicians name, address and phone number to enable CPAP Discount Store to obtain a prescription.
(c) You agree to provide CPAP Discount Store with a prescription within 10 days of purchasing item.
(d) You agree to return all items unopened to CPAP Discount Store if you do not supply CPAP Discount Store with a prescription from a valid United States based physician within 10 days of purchase.
(e) You agree that you are the end user of these products. (You are purchasing these products for yourself)
(f) You agree that you have residence in the United States.
(g) You agree to allow CPAP Discount Store to contact your physician for the
purpose of obtaining a prescription.
(h) You agree that you are NOT an employee, subcontractor, or affiliate of a
medical supply company , DME, or CPAP supply distributor.
(i) You agree that you are NOT an employee, subcontractor, or affiliate of
one of our product manufacturers.
(j) You agree to the terms in the Privacy Notice (Click to read)
(k) You agree to the terms in the Prescription Policy (Click to read)
(l) You agree to the terms in the ResMed Policy (Click to read) (as it relates to your purchases).
(m) You agree to the terms in the Philips Respironics Policy (Click to read) (as it relates to your purchases).
(n) You agree to the terms in the Fisher & Paykel Policy (Click to read) (as it relates to your purchases).
(0) You agree to the terms in the DeVilbiss Healthcare Policy (Click to read) (as it relates to your purchases).
(p) You agree to the terms in the Legal Notice (Click to read)
(4) You Will Not:
(a) Register multiple times using different email addresses.
(b) Post false, inaccurate, misleading, libelous, or defamatory content including personal information.
(c) Impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity.
(d) Violate any laws, third party rights, or any of our policies.
(e) Transfer your CPAP Discount Store account to another party without our consent.
(f) Purchase prescription items from CPAP Discount Store without obtaining the proper
prescription from a United States based physician.
(g) You agree not to purchase products if you do not reside in the United States.
(h) You agree not to purchase products for other people who do not reside in the United States.
(i)You will not email, post, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or chain letters.
(j) You will not use any form of technology (at our sole discretion) that might cause harm to our web site or to the interest of our users.
(k) Use CPAP Discount Store if you are below the age of 18 or if you are unable to form legally binding contracts.
(l)You will not use this web site if you are temporarily or permanently suspended from CPAP Discount Store.
There is will a 18% processing fee for orders greater than $200 and a 30% processing fee for orders $200 or less charged to any order that cancels an order and/or request a refund because they did not not comply with:
(a) Prescription Policy -Click to read (page posted on all prescription items)
(b) ResMed Policy -Click to read
(c) Philips Respironics Policy -Click to read
(d) Fisher & Paykel Policy -Click to read
(e) DeVilbiss Healthcare Policy -Click to read
(f) User Agreement
The maximum processing fee is $150.00, the minimum processing fee is $30.00
(6) PDF Links:
When downloading a pdf link located on CPAP Discount Store, you confirm that you are either an end user of the product in question or a medical professional seeking information about the product for the purposes of assessing its suitability for patients.
The downloading of this material by any organization involved in the commercial sale or other dealing in the products described is prohibited.
(7) Governing Law:
This Agreement shall be governed in all respects by the laws of the State of Massachusetts as they apply to agreements entered into and to be performed entirely within Massachusetts without regard to conflict of law provisions. You agree that any claim or dispute you may have against CPAP Discount Store must be resolved by a court located in Worcester County, Massachusetts, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Worcester County, Massachusetts for the purpose of litigating all such claims or disputes. Any breach of contract will be subject to the terms of the Legal Notice and the Laws of Massachusetts. Please read our Legal Notice for a complete document. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.
(8) Legal Notice
(9) Notice to CPAP Distributors & Manufacturers:
Any person with an affiliation with a manufacturer or distributor of CPAP equipment or supplies must identify themselves when contacting CPAP Discount Store by telephone, verbally, email or by web site. The individual must identify their full legal name and affiliation with which manufacturer or CPAP distributor. Any breach of this policy would be subject to the terms of the Legal Notice. A person contacting CPAP Discount Store by telephone may be asked their full name and if they have any affiliations with a manufacturer or distributor of CPAP equipment or supplies. Any individual who does not disclose their affiliation, will be in breach of contract.
(10) Included in this Contract:
This contract includes all content contained within the linked pages listed:
(a) Prescription Policy - Click to read
(b) ResMed Policy - Click to read
(c) Philips Respironics Policy - Click to read
(d) Fisher & Paykel Policy - Click to read
(e) DeVilbiss Healthcare Policy - Click to read
(f) Legal Notice - Click to read
(g) Privacy Notice - Click to read
(h) Shipping & Returns - Click to read
(11) Medical Insurance & Medicare Notice:
CPAP Discount Store sells CPAP equipment and medical supplies to customers for cash. We do not work with private or government based insurers or social benefit programs. CPAP Discount Store is not a Medicare provider. Medicare will not reimburse you for purchases you make on CPAP Discount Store.
(12) Product and Medical Content:
The content on this web site should not in any event be interpreted as specific instructions for individual customers. This material is not intended as a guide to self treatment or as a substitute for proper medical advice, diagnosis, or treatment. This information is for reference only and should not be used to determine treatment. This web site and its medical related information and resources are not intended as medical advice. The content of this site is for informational purposes only. CPAP Discount Store attempts to be as accurate as possible. We do not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free.
(13) Telephone Orders:
Any order placed by telephone or verbally is bound by this User Agreement. Placing a verbal or telephone order does not relieve you, the buyer, of the responsibility of the User Agreement content. A verbal or telephone order will be notified of the User Agreement in the initial Welcome Email. In addition to the email, you will receive a hard copy of this agreement with your order. When you receive the user agreement, you must review the User Agreement and accept it. If you do not comply with the User Agreement terms, you must notify CPAP Discount Store by telephone immediately and return all products unopened.
(14) FDA Regulations:
The FDA regulates the distribution of medical devices. CPAP Discount Store complies with all Federal and State Regulations.
(15) Typographical Errors:
In the event that CPAP Discount Store product is mistakenly listed at an incorrect price, CPAP Discount Store reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CPAP Discount Store reserves 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 cancelled, CPAP Discount Store shall issue a credit to your credit card account in the amount of the incorrect price. CPAP Discount Store reserves the right to correct any errors, omissions, or inaccuracies including typographical or imaging errors.
(16) Scanning our Site with Robots:
Manufacturer or distributors of CPAP equipment and supplies or their affiliates are not allowed to scan our web site with the use of bots or robots. Scanning our web site creates a decrease in download speed for our users and affects our ability to function effectively. We do allow scanning of our site for the purposes of indexing our web site in the search engines.
(17) Order Cancellations:
Order cancellations must be made by telephone and must be confirmed by a representative of CPAP Discount Store before your order is processed and shipped. Once your order is processed and shipped, an order cancellation cannot be accepted, and you will have to return the shipment according to these terms and our return policy. Order cancellation attempts made by any other form of communication will not constitute a cancellation and your order will be processed and shipped.
(18) Non Payment:
If payment is not received on the agreed payment plan or if the credit card payment is rejected, then you agree to make an immediate payment by check to CPAP Discount Store. This applies to customers that have received their order. If payment is not received within 5 business days, then you agree to pay 19% interest compounded daily on the amount owed starting from the day of the purchase. Payment to be sent to: CPAP Discount Store, 7 Richie Road, Douglas, MA 01516. If payment is not made on time, please see Legal Notice.
(19) No Agency:
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
(20) Closing an Account or Restricting Access:
We reserve the right to close an account and refuse service for any reason. The most common reason would be a violation of our policies or our user agreement. We also reserve the right to restrict access to our website and utilize technology methods or legal means to keep users off of this website, if in our sole discretion, we think that you are causing issues, potential legal liability, or violating our policies or user agreement.
(21) Product Reviews:
Registered users may post reviews and comments on our products.
If you do post content, and unless we indicate otherwise, you grant CPAP Discount Store a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You grant CPAP Discount Store and sublicensees the right to use the name that you submit in connection with such content, if we choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy; and that you will indemnify CPAP Discount Store for all claims resulting from content you supply.
Except as explicitly stated otherwise, legal notices shall be served on CPAP Discount Store national registered agent (in the case of CPAP Discount Store) or to the email address you provide to CPAP Discount Store during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
(23) Accepting User Agreement:
Use of this web site constitutes acceptance of our User Agreement and our Legal Notice. All customers who place an order must accept the User Agreement, and all of our published policies, before placing an order. This acceptance takes place online when the checkbox labeled (I agree to the User Agreement) is selected during checkout. For customers who place orders over the phone or verbally, their acceptance is based on reading the User Agreement link on the front page, receipt of the Welcome Email where the User Agreement link is located, and you will receive a hard copy of this agreement with your order.
CPAP Discount Store honors manufacturer's warranties.
(25) Service Policy:
If a machine needs servicing, contact us at 508-476-2626. You will need a return authorization number, a credit card number to pay for the repairs and shipping back to you.
The headings in this agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the user agreement.
We may make changes or amendments to this Agreement at any time by posting the amendments on CPAP Discount Store. All changes to this Agreement shall automatically become effective immediately after they are posted.
(28) Shipping & Sales Policy:
Sales to residence of the United States only. CPAP Discount Store ships by UPS United Parcel Service with insurance. If you request USPS United States Postal Service Shipping, the item will not be shipped with insurance. The buyer assumes the responsibility for loss after the package is delivered to USPS.
(29) Return Policy:
To return an item for any reason you must contact CPAP Discount Store before returning the item. Only unopened items may be returned within 10 days of purchase date. Any product that has been opened can not be returned. A Return Merchandise Authorization (RMA) number will be needed to assure proper credit. Shipping expenses are not refundable. There is will a 18% processing fee for orders greater than $200 and a 30% processing fee for orders $200 or less charged to any order. The maximum processing fee is $150.00, the minimum processing fee is $30.00
Shipping fees are non refundable.
All equipment on this site including nasal interfaces are prescribed items. The Food and Drug Administration controls the sale of these items. Nasal masks, full face masks, nasal pillows, humidifiers can not be resold because of cross contamination therefore they can not be returned to CPAP Discount Store for credit. All sales of nasal interface supply items are final.
See Return Policy for the complete policy.
Updated: June 2012