Terms of service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY before accessing, browsing and/or using any portion of this website. These Terms and Conditions exclusively apply to all business dealings between a customer (hereinafter referred to as the “Customer“) and PMEDEX EQUIPMENT INC. (hereinafter referred to as the “Company“) relating to products offered by Company and purchased by the Customer through the website as defined below. The laws of Quebec shall apply.

Provisions that deviate from these Terms and Conditions can be invoked by the Customer only if and to the extent that these provisions are accepted by the Company in writing.

Sale contracts

Orders placed by the Customer via www.pmedx.ca (hereinafter referred to as the “Website”), for the products offered by Company through the Website are only considered as an offer to conclude a sales contract. The sales contract is only concluded once an e-mail confirmation by the Company is received by the Customer. The e-mail by means of which Company confirms the receipt of the order to the Customer does not qualify as confirmation of the order.

The contract partner of the Customer is Company.

Company decides at its sole discretion whether or not to accept any order. Should Company not respond within 10 business days after the order has been placed, the order shall be deemed rejected.

All information provided by Company, whether through electronic communication means or by telephone, shall be as accurate as reasonably possible. However, the Company shall not be liable for any error encountered. In particular, delivery data shall be considered solely indicative and the images of products offered on the Website are for illustration purposes only. Company shall not be bound thereby in any way whatsoever.

Company shall be free to employ the services of third parties in order to fulfill its obligations under a sales contract.

Modifications to conditions

Company reserves the right to modify, to add and to remove parts of its terms and conditions at any time and at its discretion. Please verify regularly if any changes have been made to Company’s Terms and Conditions. The use of this Website following the implementation of these modifications on the Website signifies your accord in relation to the modifications in question.

Power to dissolve

The Customer has a right to dissolve the sales contract as per the terms set forth below. The Customer is not obliged to include the reason for dissolving the sales contract. The dissolution shall be made by return of the products within thirty (30) days of receipt of the products by the Customer to Company.

The Customer bears the direct costs and risks associated with returning products.

If the Customer exercises his/her right of dissolution, he/she is obliged to return the products as soon as reasonably possible, but at least within thirty (30) days of the dissolution.

Company has the right to set off any depreciation of products returned in case of usage of the products. This is not applicable if the depreciation is the sole result of the examination of the products.

The return of the products must include the original packaging. In case of an effective return, payments already received by the Company are to be refunded.

Filing of Complaints

In case a Customer wishes to file a written complaint regarding the conclusion or the execution of a sales contract following an order made via the Website, the Customer is entitled to do so at the following address:

Customer Service
4509 avenue Coloniale
Montreal (QC)
H2T 1V8

Email: info@pmedx.ca

 

Prices and costs

The price of a product as shown on the Website (hereinafter referred to as the “Purchase Price”) is the net price of the product, excluding federal and provincial taxes, as well as shipping costs.

The Customer bears the shipping costs of a product, which shall be added to the Purchase Price. The Customer is informed of the amount of the shipping costs during the ordering process via the Website.

The Company reserves the right to change the Purchase Price of any of the offered products at any time.

Payment Methods

Payment can be effected by the following credit cards: American Express, MasterCard and VISA, as well as through Paypal.

Products shall only be dispatched to the Customer after full payment has been received by the Company.

If the Customer does not pay the amount he/she owes pursuant to the above terms and conditions, he/she will be in default without notice. As soon as the Customer is in default on any payment, all Company remaining claims on the Customer are due, and the Customer is immediately in default without notice with respect to those claims.

Reservation of Title

All products delivered by Company remain the property of Company until such time as the Customer has paid in full all amounts owed to Company in connection with the products delivered, including damages, costs and interest. The Customer has no right of retention with respect to these products.

Delivery of products

Delivery of a product shall be made to the address stipulated by the Customer during the order process. Company reserves the right to deliver products ordered partially.

Maintenance of products

The maintenance and washing instructions indicated on the tags of the products are clear and visible. The Company shall not bear any costs or compensate any damage occurring to products due to improper handling.

Liability

Company is exempt from any obligations to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of Company or its own employees.

In cases in which the Company is obligated to pay compensation for damages, the compensation will never be higher than the invoice value of the product delivered to which, or in connection with which, the damage was caused; or, if the damage is covered by an insurance policy of the Company, the amount that is actually paid out by the insurer with respect thereto.

Jurisdiction

All disputes existing or arising between parties shall be heard exclusively by the competent Quebec court, unless the law provides for another mandatory forum.

Force majeure

The Company is entitled to invoke force majeure if the implementation of the agreement is, in whole or in part, temporarily or permanently, prevented or impeded by circumstances reasonably out of its control, including site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout; delay in the provision of parts to The Company, goods or services ordered from third parties other than by circumstances to be imputed to Company; accidents and interruptions of business operations.

In the case of force majeure on the part of the Company, its obligations are suspended. Should the force majeure last longer than three months, both Company and the Customer are authorized to cancel the non-feasible parts of their agreement through a written declaration.

Intellectual Property

All trademarks, logos, service marks and trade names are proprietary to www.pmedx.ca, the Company, or other respective owners that have granted the Site the right and license to use such intellectual property.

The Customer will in no event be granted the Company’s proprietary rights. In particular, the Customer shall not register or use Company’s proprietary rights in any manner whatsoever.