Terms and conditions

Welcome to the ResMed Sleep Solutions Ltd Website Terms and Conditions. This page (together with our Privacy Policy, Cookies Policy, and Terms of Website Use) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the Products listed on our Website shop.resmed.com (“the Website”) (“Products”) to you. By accessing the Website and/or placing an order, you agree to be bound by these Terms.

Please read these Terms carefully and make sure that you understand them, before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website.

The Website is operated by ResMed Sleep Solutions Ltd, a company registered in England and Wales, whose registered office is at Quad 1, First Floor, Becquerel Avenue, Harwell Campus, Didcot, OX11 0RA, UK. Our company registration number is 09175154.

Our WEEE Producer Registration Number is WEE/DA4779SQ.
Our VAT registration number is GB 195 8427 59.

Our contact details are as follows:

Quad 1, First Floor, Becquerel Avenue, Harwell Campus, Didcot, OX11 0RA, UK

General email: patient-uk@resmed.com

Telephone number: 0800 9177071

Fax number: 01235 861288

1. INTRODUCTION

   1. This Website is intended only for consumers wishing to order ResMed Products online for delivery in UK only. We cannot accept orders for delivery of medical products for the treatment of sleep apnea to France for legal reasons.
   2. The packaging of the Products may vary from that shown on images on our site.

2. ORDERING FROM US

   1. You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the Products you have ordered. Please note orders cannot be expedited after placed online.
   2. Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order, are unable to fulfil your order or you have cancelled your order.
   3. We may refuse to accept an order:
      1. where Products are not available;
      2. where we cannot obtain authorisation for your payment;
      3. if there has been a pricing or Product description error; or
      4. if you do not meet any eligibility criteria set out in our Terms.
   4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on the Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
   5. Please take the time to read and check your order at each page of the order process.

3. PRICING

   1. All prices and charges on the Website are in the currency indicated on the Website.
   2. For those of our customers that buy Products for their personal or domestic use to treat their disabilities (for example someone with obstructive sleep apnea buys a CPAP machine, mask or accessories necessary for those items to be used) and they are (i) individuals who are disabled; or (ii) carers for individuals who are disabled: Then generally our customers qualify to buy these Products without VAT (or any other applicable tax equivalent) being applied. 
      
      We display prices on these items on an including VAT basis. If you qualify for VAT Relief then you need to tick the box next to ‘I am entitled to VAT relief for disabled people. What is this?’ at checkout to remove the VAT element. If you are either not eligible for the relief or you do not tick the box mentioned above then VAT will be included in the price you pay automatically. Please note if you are eligible for VAT Relief but fail to tick the box we are unable to refund any VAT after your order has been placed. If you have any questions about this, please contact our customer service team.
   3. Where we charge separately for packing, carriage and other relevant charges, the appropriate rates are set out in our specified pricing structure shown on the Website.
   4. Prices, offers and Products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable we may offer you an alternative.
   5. We accept payment by credit or debit card or such other means as may be specified on the Website. If you pay by credit or debit card, payment is authorised and deducted upon acceptance of your order. If you use another method of payment as offered on the Website, the time of payment may differ.
   6. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
   7. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

4. DELIVERY

   1. Delivery will be to the address specified on your order, which must be within the United Kingdom, thus excludes Republic of Ireland. Should you require delivery within ROI, please refer to ResMed PEI. We are unable to deliver to PO boxes or BFPO addresses.
   2. The delivery charges specified as part of your order will apply.
   3. Your order will be dispatched via Royal Mail and should arrive within five working days in most cases. if your package is too large to fit through a letterbox or a signature is required, it will be taken to a local Royal Mail sorting office for you to collect at your convenience. In these cases Royal Mail will leave you a card advising where to collect your package from. Once your order has been despatched from our warehouse, you will receive an automated email confirming this, with an invoice attached.
   4. We do everything we can to meet the delivery times specified in this section. However, occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed.
   5. If we miss the delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
      1. we have refused to deliver the Products;
      2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      3. you told us before we accepted your order that delivery within the delivery deadline was essential.
   6. If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 4.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
   7. If you do choose to cancel your Order for late delivery under Clause 4.6 or Clause 4.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
   8. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

5. CANCELLATION AND RETURNS POLICY

   1. You have a legal right to cancel a Contract from the date of dispatch of your order confirmation until 14 days of receipt of the Product. This means that during this period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office or equivalent in your jurisdiction.
      To inform us of your wish to cancel your order:
      1. you can notify us by email to patient-uk@resmed.com before we have dispatched the Products to you, however even if the order has not been dispatched it may too late in the process to cancel, in which case;
      2. where Products have already been dispatched to you or we are unable to cancel the the order (as above), you may return the order to us in accordance with clause 5.2 and receive a full refund.
   2. You can return Products you have ordered from us within 14 days of receipt for a full refund. To return a Product, please click on How to Return to create a Return Request and receive an email with a printable pre-paid postage label.
   3. You can return Products you have ordered from us within 14 days of receipt for a full refund. To return a Product, simply click on 'My Orders', locate you order and click on 'Create Return'. On doing so you will be emailed a printable pre-paid postage label which you can print/attach to the outer packaging. The label is pre-paid so you will not need to pay to return items to us. You can simply pop your return into a Royal Mail Post Box, or if it is too large you can take it to a local Post Office. ResMed provides you the form that you can fill in to notify us of your return and termination of the contract, if you wish to, however please note this is not essential and will not expedite your return in any way and you are still required to click on 'Create Return' within your online account: click here to download.
   4. Please note:
      1. we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted if we sold it to you in a shop. For example - this would apply if you return a flow generator that you have already tried to use, as once used the value of this Product is quite diminished.
      2. The right to cancel does not apply to the following kind of contracts: Contracts for the supply of sealed goods which are not suitable for return due to health protection and were unsealed after delivery.
   5. If you have returned the Products to us under this Clause 5 because they are faulty (otherwise than due to your own fault, neglect or mis-handling), or mis-described we will refund the price of the Products in full, together with any applicable delivery charges, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
   6. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

6. MANUFACTURER GUARANTEES

   1. Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
   2. A manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office or equivalent in your jurisdiction.

7. LIABILITY

   1. We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
   2. We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   3. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the Terms implied by applicable laws on title and quiet possession;
      4. any breach of the Terms implied by applicable laws concerning the description, satisfactory quality, fitness for purpose of our Products and samples; and
      5. defective Products under applicable laws.

8. EVENTS OUTSIDE OUR CONTROL

   1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 8.2.
   2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
   3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
   4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

9. GOVERNING LAW AND JURISDICTION

   1. These Terms shall be governed by and construed in accordance with English law without prejudice to any overriding mandatory provisions in your country of habitual residence. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts provided, however, that if you are domiciled in a Member State of the European Union you may also bring proceedings against us in the courts of your country of habitual residence.

10.  OUT OF COURT AGREEMENT

    1. The EU Commission will provide a platform for an online out-of-court dispute (OS- Platform). You will find the platform by following this link: Platform

     11.OTHER IMPORTANT TERMS

1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
2. If any provision of these Terms is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
3. Only the parties to these Terms may seek to enforce them