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Terms and Conditions PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Pro Medical Supplies. The collective work includes works that are licensed to Pro Medical Supplies. Copyright 2003, Pro Medical Supplies ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Pro Medical Supplies or purchasing Pro Medical Supplies products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Pro Medical Supplies or to purchase Pro Medical Supplies products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Pro Medical Supplies. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of Pro Medical Supplies used in the site are trademarks or registered trademarks of Pro Medical Supplies Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Pro Medical Supplies disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Pro Medical Supplies does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Pro Medical Supplies does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Limitation of Liability Pro Medical Supplies shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Pro Medical Supplies has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a Pro Medical Supplies product is mistakenly listed at an incorrect price, Pro Medical Supplies reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pro Medical Supplies 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, Pro Medical Supplies shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Pro Medical Supplies without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Pro Medical Supplies may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Pro Medical Supplies. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Pro Medical Supplies products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Pro Medical Supplies products) must be commenced within one (1) year after the claim or cause of action arises. Pro Medical Supplies's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Pro Medical Supplies may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pro Medical Supplies or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Pro Medical Supplies does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Pro Medical Supplies is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Pro Medical Supplies reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Pro Medical Supplies in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Pro Medical Supplies, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Pro Medical Supplies may link to sites operated by third parties. However, even if the third party is affiliated with Pro Medical Supplies, Pro Medical Supplies has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Pro Medical Supplies. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Pro Medical Supplies seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). Return Policy & Cancellations Order cancellations must be submitted prior to order being shipped. Once an item has been shipped the order can no longer be canceled and must fall under our return policy PRO MEDICAL SUPPLIES RETURN GOODS POLICY This Policy applies to all customers and transactions, unless superseded by a signed written agreement including specific returned goods terms and conditions. We reserve the right to reject any return that does not comply with the terms of this Policy. Returns of non-Pro Medical Supplies brand items and “vendor directs” are subject to the terms and conditions of the manufacturer and may incur additional charges such as restocking or freight, based on the manufacturer’s policy. These charges will be deducted from the credit when issued.
Custom Items, Patient Home Direct, Kaumograph, Embroidered and/or Altered Textiles or Made to Order items can not be returned. Product may be returned for any item that has been shipped in error or found to be defective. Damaged items will require the appropriate inspection and/or documentation that would allow Pro Medical Supplies to file the appropriate claim with the carrier. (All other returns may be subject to a restocking fee as listed below).
All returns require a Returned Goods Authorization (RGA). Goods received without prior authorization will be subject to review and credit may be denied. You may obtain an RGA by calling Pro Medical Supplies’s Return Goods Department at 888-240-3696. An RGA Number is valid for 60 days after issuance. All efforts will be made to assist you in meeting the 60 day requirement. Should you decide to keep your product after obtaining your RGA authorization, please advise us by calling the number listed above. We will gladly cancel your authorization.
Returns may be rejected due to the physical condition of the items received in our warehouse or our vendor’s warehouse. When returning product that is not defective, damaged, or a Pro Medical Supplies shipping error, the following terms and conditions apply, (a) items must be received in unopened cases with original packaging in tact, (b) items with “piggyback labels” will not be accepted (these fall into the made to order category), (c) the expiration date on all nutrients have a shelf life of not less than six months from date received in our warehouse, (d) expired items may not be returned, and (e) items not in salable condition due to improper storage, spoilage, or damaged packaging are not returnable. Returns that are not for defect, damage or error will be subject to the following restocking amounts, based on the date of the original invoice:
Return from Date of Invoice Re-Stocking Fee as a % of the Invoice Amount
0 - 30 days 5% + Freight 31 - 60 days 10% + Freight 61 - 120 days 20% + Freight 121 - 180 days 30% + Freight 6 months or greater not returnable
Should you need assistance in scheduling a pick up, we can provide you with the appropriate Call Tags or Bill of Lading. Your RGA authorization will be provided with instructions on contacting the carrier, costs relating to freight and/or restocking fees as applicable. These fees will be deducted from the credit issued. All quality issues, damaged product or returns that are the result of a Pro Medical Supplies error, will be returned at Pro Medical Supplies’s expense. Shipping Policy We only ship orders to the 48 Continental United States. All orders are shipped UPS or FedEx unless otherwise specified. Orders typically ship within 24-48 hours and sometimes same day. We ship from multiple warehouses around the country. Invoices with multiple items may be delivered in separate packages. We charge a flat rate of $9.95 for all orders up to $100 and anything over in most cases receives free ground shipping. We do not ship to Hawaii, Alaska, Mexico, or Canada. |

