Terms of Sale

Every order executed and purchase conducted via the Site falls under the purview of the Terms of Use along with these Terms of Sale. Should you disagree with these Terms of Sale and Terms of Use, refrain from finalizing your order or purchase. By consummating your purchase or executing your order, you are consenting to these Terms of Sale and the Terms of Use.

 

ORDER ACCEPTANCE

No component of this Site represents an offer, rather it's an invitation from you to propose an offer to buy products via the Site. Every order is governed by acceptance by Simply Medical. In addition, there may be certain orders that we cannot accept and must cancel. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including without limitation the following:

• Limitations on our ability to accept orders for shipment to addresses outside the United States
• Limitations on quantities available for purchase
• Inaccuracies or errors in product descriptions, images, or pricing information
• Problems identified by credit and fraud avoidance services

 

We may also require additional verifications, approvals or other information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. An order is deemed accepted when Simply Medical ships the products ordered, and Simply Medical will charge your credit or debit card upon such shipment.

 

PAYMENT

Payment must be made by credit or debit card or by other method approved by Simply Medical. Payment by credit or debit card is subject to the approval of the card issuer, and Simply Medical will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason.

 

SUBSCRIPTIONS

The subscription details provided on the Subscriptions page and FAQs page are part of these Terms of Sale. By choosing to make a subscription order, you agree that the subscription will renew automatically until you cancel or make changes to your subscription order. You authorize Simply Medical to charge you automatically for each recurring order separately until you cancel or make changes to your subscription order. The charge for an order may increase during the subscription if Simply Medical increases the price of the subscription item. You may cancel your subscription or make changes to your subscription order at any time via the Subscription Portal.

 

ORDER CANCELLATIONS

Our goal is always to ship your orders promptly, so it often is not possible to cancel an order once it is processed. If you wish to cancel an order, please call our Customer Service Department at 1-855-555-5555 to see whether we can change, cancel or correct the order before it ships.

If your order has already shipped, you may be able to refuse delivery of your order or return your order in accordance with our Return Policy.

 

PRODUCT RECOMMENDATIONS

Simply Medical may make available to you certain recommendations concerning products that are comparable, functionally equivalent, clinically equivalent, or equivalent to other products used or identified by you (“Equivalency Recommendations”).

You agree and stipulate that in making any Equivalency Recommendation, Simply Medical is relying solely on the independent skill, knowledge and judgment of its suppliers or others in the industry and is not independently providing medical product information upon which you can rely in order to make your product selection decision. You agree and stipulate that in making product decisions you are relying on your independent judgment. You hereby agree to waive, release, indemnify and hold Simply Medical and its affiliates harmless from any claim arising from an Equivalency Recommendation.

 

 

THESE EQUIVALENCY RECOMMENDATIONS MAY BE MADE VERBALLY, IN WRITING OR VIA A DATABASE. THE EQUIVALENCY RECOMMENDATIONS ARE RECOMMENDATIONS ONLY AND ARE NOT REPRESENTATIONS OR WARRANTIES CONCERNING ANY PRODUCT PERFORMANCE OR EQUIVALENCY AND ANY SUCH REPRESENTATIONS OF WARRANTY ARE HEREBY DISCLAIMED. THESE EQUIVALENCY RECOMMENDATIONS ARE BASED UPON MATERIALS SUPPLIED BY SIMPLY MEDICAL’S SUPPLIER AND OTHER INDUSTRY–AVAILABLE INFORMATION.

 

PRODUCT WARRANTY

SIMPLY MEDICAL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF ANY PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR USE OR PURPOSE. YOU SHALL LOOK TO THE MANUFACTURER OF PRODUCTS AND THE PROVIDER OF SERVICE FOR ANY WARRANTY THEREON. NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF SIMPLY MEDICAL HAS ANY AUTHORITY TO MAKE ANY AFFIRMATION, REPRESENTATION, OR WARRANTY CONCERNING PRODUCTS NOT SET FORTH IN THESE TERMS OF SALE.

 

YOU SHALL NOT HOLD SIMPLY MEDICAL LIABLE FOR ANY DEFECT IN PRODUCTS OR SERVICES, REGARDLESS OF KIND. YOU AGREE TO FILE SOLELY WITH THE MANUFACTURER OF THE PRODUCTS OR THE PROVIDER OF SERVICE ANY CLAIM OR LAWSUIT ALLEGING LOSS, INJURY, DAMAGE, OR DEATH ARISING OUT OF OR CAUSED BY THE USE, SALE, DISTRIBUTION, OR POSSESSION OF PRODUCTS OR SERVICES.

 

IN NO EVENT SHALL SIMPLY MEDICAL BE LIABLE TO YOU UNDER, IN CONNECTION WITH, OR RELATED TO THESE TERMS OF SALE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, (INCLUDING LOST PROFITS) FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM ANY UNAVAILABILITY OF, DEFECT IN, OR MISSHIPMENT OF PRODUCTS OR THE PROVISION OF SERVICES, AND WHETHER OR NOT SIMPLY MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

RETURN POLICY

Return of any product requires a return authorization in accordance with our Return Policy, incorporated into these Terms.

 

If you receive products from Simply Medical that you would like to return, please call our customer service department at 1-855-555-5555, or alternatively, please visit the Simply Medical website, log into your account and select the option to request a return. Please have your invoice number available when requesting a return authorization. Simply Medical, at its expense, will arrange for return shipping of an item provided the request for a return is in accordance with our Return Policy.

 

Upon our receipt of your returned item in our warehouse, we will confirm whether your item is eligible for return under the Return Policy. If your return does not meet the Return Policy, we will notify you that your item is not eligible for return. IF WE DETERMINE YOUR RETURN AS DELIVERED TO US IS NOT ELIGIBLE FOR RETURN UNDER OUR RETURN POLICY, NO CREDIT OR REFUND WILL BE ISSUED AND YOUR RETURNED PRODUCT WILL NOT BE RETURNED TO YOU.

 

If we are able to process your return in accordance with our Return Policy, credit will be issued back to your credit card within 2-4 weeks.

Returns will be processed and authorized for any products returned as a result of a recall or defective products and defective products will be replaced or repaired, depending on the manufacturer's policy.

 

SHIPPING AND HANDLING; TAXES

Unless otherwise noted, shipping and handling fees will be charged separately. Sales, use and similar taxes will be charged to you by Simply Medical to the extent required by law.

 

Shipping on orders of $35.00 or more shipped to destinations in the continental United States is free.

 

Shipping costs for orders less than $35.00 are your responsibility. Simply Medical will not ship any orders outside of the continental United States.

 

ORDER SHORTAGES

If your order is incomplete upon delivery, please notify us immediately. Any claims for order shortages must be submitted to Simply Medical within five business days of your receipt of the shipment.

 

PRIVACY POLICY

Information that you provide to us or that we collect about you through your access to and use of the Site is subject to our Privacy Policy, incorporated by reference into these Terms. We encourage you to read and become familiar with our Privacy Policy.

 

TIME FOR BRINGING ACTION

Any action of any kind arising out of or in any way connected with these Terms of Sale, other than collection of outstanding payment obligations, must be commenced within one (1) year upon which the cause of action accrued.

 

GOVERNING LAW

These Terms of Sale will be governed by and construed in accordance with the laws of the state of New York.

 

FSA PROSPECT ITEMS

Simply Medical identifies products, as noted in the product specifications, that may be reimbursable under a typical FSA account plan. Always check your employer’s plan document to confirm eligible expenses under your spending account plan. Your employer’s plan document is the final authority over what constitutes a reimbursable expense.