Terms of service

Overview

This website is operated by Innovation CPAP. On this site, the terms "we," "us" and "our" refer to Innovation CPAP. Innovation CPAP offers this Site, including all information, tools and services available from this Site, to you, the Users, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing any of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("General Conditions of Sale," "General Conditions of Sale and Use," “Conditions of Use,” "Conditions"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These General Conditions of Sale and Use apply to all Users of this site, including, but not limited to, Users who are browsers, vendors, customers, merchants, and/or content contributors.

Please read these General Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of our site, you agree to be bound by these General Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, you should not access the website or use any Services offered. If these General Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Conditions of Sale and Use.

Any new features and tools that are added to this store in the future will also be subject to these Terms of Service. You can view the most current version of the General Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these General Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Section 1 – Online Store Conditions

By agreeing to these General Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence and that you have given us your consent to allow any minor in your care to use this website.

You may not use our products for any illegal or unauthorized purpose nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any viruses or other code of a destructive nature.

Any violation or breach of these Conditions will result in the immediate termination of your services.

Section 2 – General Conditions

We reserve the right to refuse access to our services to anyone for any reason at any time.

You understand that your content (excluding your credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or any contact on the website through which the Service is provided, without prior express written permission from us.

The headings used in this agreement are included for your convenience and will not limit or affect these Conditions.

Section 3 – Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for informational purposes only and should not be relied upon or used as your sole source of information for making decisions without first consulting more accurate, complete and current sources of information. If you decide to rely on the material presented on this Site, you do so at your own risk.

This Site may contain certain historical information. Historical information, by its nature, is not current and is provided for your reference only. We reserve the right to change the material on this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Section 4 – Changes to Service and Prices

The prices of our products are subject to change without notice.

We reserve the right, at any time, to modify or discontinue the Service (or any portion or content of the Service) without notice and at any time.

We will not be liable to you or any third party for any price changes or for the suspension or discontinuance of the Service.

Section 5 – Products or Services

Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Refund Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear on our Site. We cannot guarantee that your computer monitor will display colors accurately.

We reserve the right, but are not obligated, to limit sales of our products or services to any person in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and prices are subject to change at any time without notice, on our sole discretion. We reserve the right to discontinue any product at any time. Any offer of service or product made on this Site is void where prohibited by law.

We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, nor do we warrant that any errors in service will be corrected.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders made on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.

For more details, please see our Refund Policy.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability whatsoever arising from or relating to your use of these optional third-party tools.

If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the relevant third party provider(s).

We may also, in the future, offer new services and/or features on our Site (including new tools and resources). These new features and services will also be subject to these General Conditions of Sale and Use.

Section 8 – Third-Party Links

Some content, products and services available via our Service may include materials from third parties.

Third-party links on this Site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from these third-party sites.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with such third-party websites. Please review the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be directed to these same third parties.

Section 9 – Comments, Suggestions and Other Proposals from Users

If, at our request, you submit specific content (for example, to enter contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.

We may, but are under no obligation to, monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.

You agree to write Comments that do not violate the rights of third parties, including copyright,trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain any illegal, defamatory, offensive, or obscene content, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all Comments you post and their accuracy. We take no responsibility and assume no liability for any Comments you post or any third party posts.

Section 10 – Personal Information

The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.

Section 11 – Errors, Inaccuracies and Omissions

From time to time, information on our Site or in the Service may contain typographical errors, inaccuracies or omissions with respect to product descriptions, prices, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).

We are under no obligation to update, change or clarify any information in the Service or any related website, including, but not limited to, pricing information, except as required by law. No set update or upgrade date in the Service or any related website should be taken as a basis for concluding that the information in the Service or any related website has been changed or updated.

Section 12 – Prohibited Uses

In addition to the prohibitions set forth in the General Conditions of Sale and Use, you are prohibited from using the Site or any of its content: (a) for any unlawful purpose; (b) to encourage others to commit or participate in any illegal activities; (c) to violate any local ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or the intellectual property rights of any third party; (e) to harass, abuse, insult, harm, defame, slander, libel (e) to harass, abuse, insult, harm, defame, slander, libel, intimidate, or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, explore or scan the Web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.

Section 13 – Disclaimer of Warranties and Limitation of Liability

We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.

You agree that, from time to time, we may discontinue the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.

You expressly agree that your use of or inability to use the Service is at your own risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, legal title and non-infringement.

In no event shall Côté Santé, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or agents be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (even negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

Section 14 – Disclaimer

You agree to indemnify, defend and hold harmless Côté Santé, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms and conditions of sale and use or the documents referred to in them, or your violation of any law or the rights of a third party.

Section 15 – Severability

In the event that any provision of these General Conditions of Sale and Use is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Conditions of Use, and such severance shall not affect the validity and enforceability of the remaining provisions.

Article 16 – Termination

The obligations and liabilities incurred by the parties prior to the date of termination shall survive termination of this Agreement for all purposes.

These Conditions of Use are effective until terminated by you or us. You may terminate these Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our Site.

If we determine, in our sole discretion, that you are not fulfilling, or if we believe that you have been unable to comply with, the terms and conditions of these General Conditions of Sale and Use, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our services (or any part thereof).

Section 17 – Entire Agreement

Any failure by us to exercise or enforce any right or provision of these General Conditions of Sale and Use shall not constitute a waiver of such right or provision.

These Conditions of Use, or any other operating policies or rules we post on this Site or in connection with the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the General Conditions of Sale and Use).

Any ambiguity in the interpretation of these Conditions shall not be construed to the detriment of the drafting party.

Article 18 – Applicable Law

These General Conditions of Sale and Use, as well as any separate agreement through which we provide services to you, shall be governed by and construed in accordance with the laws in force in the Province of Quebec (Canada).

Section 19 – Changes to the General Conditions of Sale and Use

You may review the most current version of the General Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these General Conditions of Sale and Use by posting updates and changes on our Site. It is your responsibility to visit our Site regularly to check for changes. Your continued use of or access to our Site following the posting of any changes to these Conditions of Use constitutes acceptance of those changes.

Article 20 – Contact Information

Any questions regarding the General Conditions of Sale and Use can be sent to payables@innovationcpap.com

Refund Policy

We cannot offer you a refund or exchange if 30 days have lapsed since your purchase.

However, to be eligible for a return, your item must be unused and in the same condition as when you received it. It must also be in the original packaging.

We require a receipt or proof of purchase.

Please do not send your purchase back to the manufacturer.

For items that are missing parts for reasons that are not due to an error on our part, a partial refund may be granted, if the other conditions are met.

Refunds

Once your return is received and inspected, we will send you an email confirming receipt. We will also inform you whether your refund request is approved or denied.

If your request is approved, your refund will be processed, and you will automatically receive a credit on your credit card or a refund in the original payment method within a reasonable time frame.

Late or Missing Refunds

If you have not received your refund within the estimated time frame, please contact your credit card issuer, as there may be a delay before your refund is officially posted.

You can also contact your bank, as there is often a processing time required before a refund is posted.

If after completing all of these steps you still have not received your refund, please contact us by sending an email to payables@cotesante.ca.

Sale Items

Only regular priced items can be refunded or exchanged. Items on sale are not eligible for refund or exchange.

Exchanges

We will exchange items that have been opened within 30 days of purchase only if they are defective or damaged. To exchange an item, please send an email to payables@cotesante.ca and send your item to:

Innovation CPAP, 128 Gatineau Avenue, Suite 01, Gatineau, QC J8T 4J6, Canada.

The time it takes to receive the exchanged item will vary depending on where you live.

Shipping Policy

To return a product, please mail it to:

Innovation CPAP, 128 Gatineau Avenue, Suite 01, Gatineau, QC J8T 4J6, Canada.

You are responsible for paying the shipping costs to return the item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

If you are shipping an item worth over $75, you should consider using a trackable shipping service or purchase shipping insurance. We cannot guarantee that we will receive your returned item.