Terms & Conditions

General Terms and Conditions for Use of and Electronic Purchasing from the Website www.CpapEuropa.com

Definitions:

• Medsol – shall mean Medsol Ltd., with UIC 205390677, with headquarters in Sofia and business address: 13 Sveta Gora Str., Floor 1, 1164, Sofia, with the following contacts: tel .: +359878212616, e-mail: [email protected]; website: www.cpapeuropa.com ;
• General Terms or GTC – will mean the present General Terms and Conditions for shopping electronically from the Internet site www.cpapeuropa.com;
• E-Shop – will mean an online store administered by Medsol, located on the Site / domain www.cpapeuropa.com/, through which Medsol provides goods or services against payment;
• Site – will mean the site located on the website www.cpapeuropa.com
• Consumer – any natural person who acquires goods or uses services offered at the Internet Store not intended for commercial or professional activity.
• Product – will mean a product or service provided by Medsol and available for purchase by Users in the Internet Store;
• Hygiene Products – will mean Products that are factory-sealed by the manufacturer and can not be returned to Medsol for reasons of hygiene or health protection;
• Contract – shall mean the distance contract between Medsol and the User for the purchase and sale of goods and / or services through the Internet shop, integral part of which are the present General Terms and Conditions as well as all other accompanying documents;
• A durable medium – any medium enabling the User or the merchant to store information sent to it personally which allows its easy use in the future for a period of time consistent with the purposes for which the information is intended and allowing unaltered reproduction of stored information. Such media are, for example, paper, USB storage devices, CD-ROMs, DVDs, memory cards, hard disks on computers, e-mail of the user and the merchant, and others.
• Disclaimer Form – constitutes a form of exercise of a right of withdrawal from the Agreement, available on the Site, which is Appendix 2 to the General Terms and Conditions.
• Privacy Policy – will mean the Privacy Policy available on the Site.

Subject to the General Terms and Conditions

(1) This document contains the General Terms and Conditions under which Medsol provides services and products to its Consumers through the Internet Store. The User expressly and unconditionally agrees with these Terms and Conditions for the use of the Site and the Internet Store. If you do not agree to all of these Terms and Conditions, do not use this site.


(2) Medsol reserves the right to update and amend the General Conditions periodically in order to reflect any changes in the way the Internet shop operates and the conditions or any changes to the legal requirements applicable to the trader’s activity. The current version of the Terms of Service may be opposed to Users from the time they were posted to the Site. To each Contract, the General Terms and Conditions that were in force at the time of the conclusion of the distance contract between Medsol and the User are applicable.

(3) If any provision of these Terms and Conditions is found to be invalid or unenforceable, this shall not invalidate the other provisions.

(4) The present General Terms and Conditions do not apply to the contracts concluded between Medsol and Users in the commercial sites of Medsol.

Personal data

(1) Medsol shall process personal data only as specified in Art. 2 of these Terms, unless expressly agreed to another use of personal data. In cases determined by law, Medsol can process and store personal data on legal grounds and to achieve regulatory compliance.

(2) Medsol shall disclose personal data only for the purposes and only to those third parties that are listed below, unless additional consent for the transfer of personal data to other categories of third parties is given by the User. Medsol will take appropriate measures to ensure that personal data is processed, protected and transferred in accordance with applicable law.

(3) Where necessary, engage other companies and individuals to perform certain tasks, complementary to the services provided by Medsol, such as companies providing site support or delivering goods – postal operators, freight forwarders and other subcontractors .

(4) Personal data shall be shared with external service providers only to the extent necessary for the relevant purposes. This information may not be used by them for any other purpose, in particular neither for their purposes nor for purposes of third parties. The external service providers of Medsol are contractually bound to respect the confidentiality of your personal data.

(5) Other information regarding the processing of personal data by Medsol is available in the Privacy Policy.

Consent

By clicking the Order button, the User makes an electronic statement declaring that he is familiar with these Terms and Conditions and accepts them completely and unconditionally.

4. Terms of Order for Goods

o Purchase Order

The delivery of goods from the Internet Store is made after an order for a product is placed through the Site. In the order, the user specifies a payment method and a contact phone number. Any valid accepted order made by the User will automatically receive a service number and a confirmation that it has been accepted.

o Confirmation and execution of orders

Medsol has to confirm or decline by phone or by e-mail any order made by the User. Medsol reserves the right not to execute an order made through the internet shop if the completed customer data is not valid, correct or complete. Medsol notifies the User of this on the provided telephone or e-mail.

The confirmation of the order happens within the working day if the order is made before 16:00 EET and on the next business day if it is made after 16:00 EET. If the order is made on a non-working day, the confirmation will be on the next business day.
Confirmation of the order is sent to the User on a durable medium.

The user may cancel or change the order before its confirmation by an operator of Medsol. In case of cancellation of an order,the paid price for the Product is refunded to the User.

The user pays the price of the order at the prices stated in the order. In case the Product can not be delivered, Medsol may offer an alternative product with similar characteristics and price that the User can accept or refuse.

o Taxes and VAT

All prices for the products listed on the Site are without VAT.

o Distance sales contract

The contract between Medsol and the User is deemed to have been concluded at the moment of receipt of the confirmation confirmation of Medsol for the order by the User.

In all cases, the Agreement will consist of all agreements between the parties, including order, confirmation, other documents, forms, warranty cards, and these General Terms and Conditions.

Time and cost of delivery

The deadline for delivering goods in stock ordered through the internet store is 10 working days within the EU (except Malta and Cyprus) and from 7 to 14 working days – outside EU. Medsol offers free shipping to all EU countries of all goods priced over 150 Euro. The delivery cost for orders shipped to all non EU countries and for orders under 150 Eur is calculated in accordance with the tariffs of courier companies TNT, DHL or another courier company in case its courier services are used.

In case of delay of delivery, regardless of the reasons, Medsol is obliged to inform the User about this and to specify a new delivery date.

Terms and methods of payment

Medsol supports most of the popular methods of electronic payments in the EU. We offer payment by bank transfer, Visa, Master Card & PayPal. On the order page, select your preferred payment method and you will be taken to the payment page.

In the case of online payments or bank transfer payments, Medsol does not bear any liability for any charges in connection with fees, commissions or other additional payments made by the User or its bank for the transaction itself, as well and in the case of currency exchange, applied by the bank which issued the card to the client in cases where the currency is different from EUR.

Return Policy

(1) The consumer is entitled, without due damages or penalty and without giving any reason, to return the goods purchased from the Internet store. Under the Electronic Commerce Act and the Consumer Protection Act, the User will be refunded the full amount paid. Return is subject to the following conditions:

– the request for return of the goods has been filed in writing by email to [email protected], not later than 14 days after receipt of the goods by the User or by a person specified by him. In case of dispute, the date of acceptance is established by a delivery receipt or receipt from the courier who made the delivery. Return requests are submitted in free text or through the Right of withdrawal form.

– the goods are in good commercial form – original packaging, with original labels, accompanied by the original documents issued by Medsol – invoice (if issued), cash receipt, guarantee and other documents, if provided for delivery.

(2) The user shall send or hand over the goods back to Medsol without unreasonable delay and no later than 14 days from the date on which the request for return was made.

(3) The consumer shall be liable for the reduced value of the goods caused by their testing, which is necessary to establish the nature, characteristics and good functioning of the products.

(4) The consumer shall owe the direct costs, including courier charges and the return of the goods, according to the tariff of courier company TNT or other courier company chosen.

(5) The right of withdrawal and return of the goods does not apply in the following cases:

– Special orders – Products ordered and made specifically for customers or tailored to their individual requirements.

– Sterile and Hygiene Products and consumables, which are factory-sealed, including but not limited to: CPAP masks.

(6) Medsol reserves the right not to refund the amount paid by the User in case of violation of one or more conditions for return of goods.

(7) Medsol shall reimburse all sums received by the User, including delivery costs, within 14 days from the date on which the User’s decision to withdraw from the Contract was notified. The amounts received shall be refunded by the same means of payment used by the user in the initial transaction, unless the User has expressly agreed to use another means of payment.

(8) Medsol shall not be obliged to reimburse the additional costs of delivering the goods when the User has explicitly chosen a way of delivering the goods other than the cheapest type of standard delivery offered by the Medsol.

(9) Medsol provides the Users with detailed Information on exercising the right of withdrawal, which is Appendix № 1 to the General Conditions.

(10) Medsol reserves the right to refuse the return and refund of any items which have been delivered outside of the European Union (EU). Please note if you return items which are outside of the European Union, we may be unable to process the return and refund of goods.

Complaints, objections and recommendations from users

(1) The user has the right to send complaints, objections and recommendations to Medsol by email [email protected] or at the address: 13 Sveta Gora Str., Floor 1, MedSol Office, 1164 Sofia

(2) The request shall state the person from whom it originates, contact details of the person, the action / inactivity of Medsol against which the request is directed and what it is made of. Anonymous requests are not considered.

(3) Medsol shall examine the applications within one month of their receipt and shall respond in writing to the applicant. The reply is sent in a way specified by the applicant – either by email or by e-mail.

Warranties and post-warranty service

(1) The consumer is entitled to claim a non-conformity of the received commodity with the contract of sale, requesting Medsol to bring the goods in compliance with the contract of sale.

(2) The consumer shall have the right to exercise his right to claim within 2 (two) years from the date of delivery of the goods.

(3) Medsol has no obligation to satisfy a claim in case of defects in the Product caused by improper use or contrary to the instructions for use or defects caused by external factors (including but not limited to physical, chemical, electrical or other effects not related to the normal operation of the product, inappropriate consumables or working environment, etc.)

(4) MedSol has a certified service and technicians who can offer prophylactics, diagnostics and repair of the Products offered at the Internet Store. Detailed information the user can obtain on +359876045534.

(5) CPAP Masks Warranty: MedSol provides the standard 90-days warranty against factory defects for most of the CPAP masks in the store.

The 90-days warranty covers:

• Mask systems (including mask frame, cushion, headgear and elbow) – excluding single-use devices and AirTouch UltraSoft memory foam cushion
• Accessories – excluding single-use devices
• Flex-type finger pulse sensors
• Humidifier water tubs
• ClimateLine™ tubes
• ClimateLineAir™ tubes
• Standard tubes
• SlimLine™ tubes

Content and copyrighted material

(1) All of Mesol’s material as found on the Site is protected by copyright. Permission to reproduce material from Medsol (including images, tables, and topics) in another publication must be secured in writing. You must obtain express written consent from Medsol in order to use on your website any content provided on the Site.(2) The content on the Medsol Site is not intended nor recommended as a substitute for medical advice, diagnosis, or treatment. Always seek the advice of your own physician or other qualified health care professional regarding any medical questions or conditions..(3) The contents of the Medsol Site, such as text, graphics, images, and other materials created by Medsol, and other materials contained on the Medsol Site (collectively, “Content”) are for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

(4) If you think you may have a medical emergency, call your doctor immediately. Reliance on any information provided by Medsol or its employees, or other visitors to the Site is solely at your own risk.

Linking policy

APPENDIX № 1

INFORMATION ON THE APPLICATION OF THE USER’S RIGHT OF DISCLAIMER

Standard denial guidelines.

Right of withdrawal from the contract at a distance or off-premises.

You have the right to withdraw from this contract, without giving any reasons, within 14 days.

The withdrawal period is 14 days from the date on which you or a third party other than the carrier and indicated by you have taken possession of the goods.

In order to exercise your right of withdrawal, you must contact us at www.cpapeuropa.com or cancel the contract with an unambiguous application. You can use the standard denial form attached, but this is not required.

You can also fill in and submit electronically the standard denial form or other unambiguous request for denial on our website at [email protected]. If you use this option, we will immediately send you a confirmation receipt of the refusal on a durable medium (e-mail, for example).

In order to comply with the withdrawal period, it is expected to send your notice on the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effect of Refusal

If you opt out of this agreement, we will refund all payments we have received from you, including delivery costs (excluding additional costs associated with a delivery method you choose, other than the cheapest standard delivery method, provided without undue delay, and in any case not later than 14 days from the date you inform us of your decision to renounce this Agreement.

We will perform the refund using the same payment you used in your initial transaction unless you explicitly agree otherwise; in any case, this refund will not be associated with any costs for you.

We have the right to postpone reimbursement until the goods are returned or until you provide evidence that you have returned the goods, whichever is the earlier event.

You have to bear the direct costs of returning the goods.

Costs are expected to not exceed approximately the delivery amount or standard courier service.

You are only responsible for reducing the value of the goods as a result of testing them other than what is necessary to establish their nature, characteristics and good functioning.

APPENDIX 2

Form to exercise the right of withdrawal

To: Medsol Ltd., with UIC 205390677, with headquarters in Sofia and business address: 13 Sveta Gora St., Floor 1, 1164 Sofia, by e-mail for contact: [email protected], represented by Katerina Ignatova, in her capacity as Manager,

From: _____________________________________________________________________,
(Customer’s name)

with address: __________________________________________________________________,

by phone number for contact: ____________________________________________________,

e-mail address: ______________________________________________________________.

Dear Ms. Ignatova,

I hereby notify you that I am giving up my purchase contract for the following purchased goods: ____________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________.

The above-described commodity was ordered on __.__.______ year from https: //cpapeuropa.com/ and received on __.__.______ year by courier _____________________.

The goods will be returned as follows: ___________________________________________________________________________

__________________________________________________________________________.

______________ ________________

(date) (signature)