(877) 799-0202
for insurance orders only
(877) 799-0202
for insurance orders only
(877) 799-0202
for insurance orders only
Terms and Conditions
ALL SALES OF THE HOME OXYGEN PORTABLE OXYGEN CONCENTRATOR (“PRODUCT”) BY HOME OXYGEN COMPANY, INC. AND ITS AFFILIATES (“HOC”) TO CUSTOMER, AND CUSTOMER’S USE OF THE PRODUCT, ARE CONDITIONED ON CUSTOMER’S ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. ACCEPTANCE OF DELIVERY OF THE PRODUCT CONSTITUTES ACCEPTANCE OF THESE TERMS.
“CUSTOMER” REFERS TO THE PERSON OR ENTITY PURCHASING THE PRODUCT DIRECTLY FROM HOC.
1. Orders: Orders for the Product may be placed through HOC’s website or by contacting an HOC Client Services Representative at 877-799-0202 No order is binding on HOC unless and until accepted by HOC in writing under these terms. HOC has no liability to Customer for any order that HOC does not accept.
2. Pricing: HOC may change Product prices at any time without note; however, the price in effect at the time HOC accepts an order will apply to that order. Shipping, handling, applicable taxes, duties, and fees will be added to the invoice and are Customer’s responsibility unless HOC’s quote states otherwise. All amounts due shall be paid in U.S. dollars.
3. Payment Terms: Unless otherwise stated, HOC accepts payment by Insurance reimbursement, credit card, ACH or financing. Title to the Product and risk of loss pass to Customer upon delivery to the carrier at the point of shipment. Payment is due at the time of order unless HOC agrees otherwise in writing. If HOC must take legal action to collect amounts owed under these terms, Customer is responsible for HOC’s reasonable collection costs and attorneys’ fees.
4. Inspection, Acceptance, and Product Changes
4.1. Inspection and Acceptance: Customer is responsible for inspecting the Product promptly upon receipt for any shipping damage and for filing any related claim directly with the carrier. Delivery of the Product constitutes Customer’s acceptance unless Customer notifies HOC in writing of shipping damage or a quantity discrepancy within ten (10) business days of delivery.
4.2. Product Changes and Substitutions: HOC may modify the Product without notice and without obligation to retrofit Products previously delivered, and may ship the then-current version of the Product regardless of how it was described at the time of order.
5. Inspection, Acceptance, and Product Changes
5.1. Returns: Product returns require a Return Material Authorization (“RMA”) issued in advance by HOC and must be received by HOC in their original condition, accompanied by a copy of the original invoice or packing slip. Customer has thirty (30) days from the date of delivery to initiate a return for a full credit of the invoiced Product price (excluding shipping/handling), subject to a $95 restocking fee. Accessories are eligible for return only if returned together with an eligible Product unit. Approved credits will be issued within ten (10) business days of HOC’s receipt and inspection of the returned Product. If components are missing, a partial credit may be issued instead. Customers also have ten (10) days to file a report for a defective product or request a return.
5.2. Repairs or Replacements Outside of Warranty: For Products requiring repair or replacement that are not covered by the limited warranty in Section 6, Customer may contact HOC for an RMA before returning the Product, at Customer’s expense. Customer is responsible for HOC’s standard repair charges (if applicable) and all related shipping costs. Replaced components become HOC’s property.
6. Limited Warranty; Out of Box Product Failure; Other Product Failure; Exclusions; Delinquent Accounts
6.1. Limited Warranty: HOC warrants Product is warranted by HOC to be free from defects in materials and workmanship under normal use and service and when correctly maintained for the time period set out in the warranty statement provided with the Product, which period shall begin on the Original Shipment Date. As used herein, “Original Shipment Date” means the original date of shipment of the Product by HOC to Customer. This warranty extends only to the original Customer, is non-transferable, and requires Customer’s original proof of purchase. Customer must inspect the Product within two (2) days of delivery and before use. Use of the Product other than as described in HOC’s instructions for use voids this warranty. HOC’s sole liability, and Customer’s sole remedy, for a breach of this warranty is repair or replacement of the defective Product or part, at HOC’s discretion, following Customer’s return of the Product (at Customer’s expense) with a valid RMA. HOC will make the final determination as to whether a defect is covered under this warranty.
6.2. Out-of-Box Failure: If the Product fails to meet this limited warranty within the first ninety (90) days of the original shipment date, HOC will issue an RMA and ship a replacement Product (new, or refurbished-to-new specification, at HOC’s discretion) before receiving the failed unit back, and will cover shipping both ways, provided Customer returns the failed unit within ten (10) business days and HOC confirms the failure is warranty-covered. If the failed unit is not returned in time, or HOC determines the failure is not covered, HOC may invoice Customer for the replacement at the then-current list price.
6.3. Other Warranty Claims: After the out-of-box period in Section 6.2, Customer must obtain an RMA and return the Product to HOC, at Customer’s risk and expense, for evaluation. If covered, HOC will repair or replace the Product within a reasonable time and return it to Customer at Customer’s risk and expense. HOC may offer expedited replacement in lieu of repair at its discretion.
6.4. Exclusions: This warranty does not cover (a) Products subjected to abuse, misuse, accident, alteration, neglect, improper operation, or unauthorized repair or modification; (b) routine service items (e.g., filters, etc.) or disposable items (e.g., nasal cannulas, nasal pillows, etc.); (c) use of the Product with components or accessories not approved by HOC; or (d) normal wear and tear. IF A PRODUCT IS NOT COVERED BY THIS WARRANTY, CUSTOMER IS RESPONSIBLE FOR ALL REPAIR, REPLACEMENT, AND SHIPPING COSTS. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW. NO STATEMENT BY HOC PERSONNEL MAY MODIFY THIS WARRANTY UNLESS CONFIRMED IN WRITING BY AN AUTHORIZED REPRESENTATIVE.
6.5. Accounts Past Due: If Customer’s account is more than sixty (60) days past due, HOC may limit Customer to repair-only RMAs (i.e., decline to issue advance-replacement RMAs) until the account is current.
7. Limitation of Liability and Force Majeure
7.1. Limitation of Liability: To the fullest extent permitted by law, HOC is not be liable for any commercial losses, loss of revenues or profits, loss of goodwill, inconvenience, or exemplary, special, incidental, indirect, consequential or punitive damages whatsoever, or claims of third parties, regardless of the form of any claim, whether in contract or tort, whether from breach of this agreement, or defective equipment, or loss of data or from any other use, even if HOC has been advised or should be aware of the possibility of such damage. HOC’s liability for loss or damages shall not exceed the purchase price paid by Customer for the particular Product giving rise to such liability.
7.2. Force Majeure: HOC is not responsible for delays or failures caused by events beyond its reasonable control, including acts of God, natural disasters, war, fire, governmental action, labor disputes, epidemic, pandemic, or supplier delays. If such an event affects availability, HOC may allocate available Product among its customers in its discretion.
8. Use Restrictions, Regulatory Compliance, Intellectual Property, and Indemnification
8.1. Use, Resale, and Regulatory Compliance: The Product is for Customer’s own use. Customer acknowledges the Product is a medical device regulated by the U.S. Food and Drug Administration, and that sale or rental of the Product in the United States requires a valid prescription from an authorized prescriber. Customer agrees not to resell, transfer, export, or re-export the Product without HOC’s prior written consent and, where applicable, the appropriate government authorizations. Customer agrees to comply with all applicable federal, state, and local laws and regulations governing medical devices and home oxygen, and by accepting the Product certifies that its use of the Product will comply with such laws.
8.2. Intellectual Property: HOC owns or licenses all trademarks, trade names, and associated goodwill in connection with the Product. HOC does not grant, and the Products are offered for sale and are sold by HOC subject in every case to the condition that such sale does not convey, any license, expressly or by implication, to manufacture, duplicate, or otherwise copy the Products.
8.3. Indemnification: Customer will defend, indemnify, and hold HOC harmless from any claims, damages, losses, and reasonable attorneys’ fees arising from Customer’s use of the Product, except ot the extent caused by HOC’s gross negligence or willful misconduct.
9. Governing Law, Notices, Dispute Resolution, and General Provisions
9.1. Governing Law: These terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
9.2. Notices: Notices under these terms must be in writing and delivered by hand, recognized courier, or certified mail to: Customer, at the billing address on Customer’s account; and HOC, at PO Box 578173 Modesto, CA 95357
9.3. Dispute Resolution: Except as provided otherwise herein, all disputes between the parties hereto shall be determined solely and exclusively by arbitration under, and in accordance with the rules then in effect of, the American Arbitration Association, or any successors thereto (“AAA”), in Stanislaus County unless the parties otherwise agree in writing. The parties shall jointly select an arbitrator. In the event the parties fail to agree upon an arbitrator within ten (10) days, then HOC shall select an arbitrator and Customer shall select an arbitrator and such arbitrators shall then select a third arbitrator to serve as the sole arbitrator, provided that if either HOC or Customer, in such event, fails to select an arbitrator within seven (7) days, such arbitrator shall be selected by the AAA upon application of either HOC or Customer. Judgment upon the award of the agreed upon arbitrator or the so chosen third arbitrator, as the case may be, shall be binding and shall be entered into by a court of competent jurisdiction
9.4. No Waiver: HOC’s failure to enforce any provision of these terms does not waive HOC’s right to enforce it later.
9.5. Assignment: Neither party may assign these terms without the other’s prior written consent, except that HOC may assign these terms in connection with a merger, sale of substantially all assets, or to a party to which HOC assigns the right to receive payment from Customer.
9.6. Exception to Terms and Agreements: When HOC has entered into a separate agreement with a distributor, customer or reseller the terms and agreements referenced within those agreements will supersede the language in this document when referencing to such items as shipping terms, finance arrangements, acceptance of product, notice of changes or substitutions, limited warranty specifications and out of box failure procedures, etc. If the Provider Agreement does not specify or make note of a specific instance or condition, this agreement will take precedent.
9.7. Entire Agreement, Amendments: These terms constitute the entire agreement between HOC and Customer regarding the Product and supersede all prior or contemporaneous discussions, representations, or agreements, written or oral, including any advertising. No amendment to these terms is binding on HOC unless in writing and signed by an authorized HOC representative. Any conflicting terms in another document do not control unless HOC agrees to them in writing.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products and services through homeoxygencompany.com (referred to as the “site”). By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this site. These terms and conditions are subject to change by Home Oxygen Company, Inc. (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product and services that are available through this site. These terms and conditions are an integral part of the Site Terms of Use that apply generally to the use of our site. You should also carefully review our Privacy Policy before placing an order for goods or services through this site.
I. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
II. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept VISA, MasterCard, American Express, and Discover credit cards for all online purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Purchase orders from businesses may be accepted upon credit approval of credit and payable on net 30-day terms or such other terms as we may approve or require. See Business Terms and Conditions for more information.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
(Restocking fee policy)
III. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
IV. Shipping Policy
We use only premium carrier (USPS) with Priority Mail delivery option available for many items. Please check the individual product page for specific delivery options. All deliveries are insured and guaranteed against loss, theft and damage. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted.
Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. There may be occasional delays beyond the posted order processing time. If the delay is more than seven business days, we will send you an e-mail message notifying you of the delay. If the delay will be less than seven business days, we will ship the product as soon as it is received. If your product is on backorder for more than 10 business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries every 10 business days until the order is cancelled or delivery occurs.
These shipping terms are accepted by you by placing an order with us.
V. Advertising Disclaimer and Trademarks
The descriptions of products and services that are posted on our site are the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising, or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have 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, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products and services available through our site are the sole property of their respective owners. Photographs courtesy of the respective manufacturers.
VI. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below.
ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
VII. Warranty and Return Policy
Most of the products and services available through our site are covered under the manufacturer’s warranty, which is detailed in the product’s description. If applicable, manufacturer’s warranties apply from the date of shipment. You understand that we do not operate or control the products or services offered by the manufacturers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our site.
While we do not offer any warranties with respect to the products and services available through our site, we are committed to working with you to ensure that every product under warranty performs to the manufacturer’s specifications. We offer a 30-day return policy on selected items based on the manufacturer’s return policies. To return products, you must call +1 (877) 799-0202 or e-mail our Returns Department at sales@homeoxygencompany.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice or order number, product code, and nature of the problem.
To expedite the processing of your refund or credit, we ask that products be returned within 30 days of the date that we shipped the product. All returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, CD(s), diskette(s), and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items; we will match your shipping method on your replacement or exchange item(s). You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pickup of the damaged merchandise.
DEFECTIVE returns can be returned directly to us within 30 days from the invoice date for, at our discretion, credit, replacement, exchange or repair. Manufacturer restrictions do apply. Any item that is missing the UPC can ONLY be replaced with the same item. After 30 days, all manufacturers’ warranties apply, and you should contact the appropriate warrant service provider identified in the product description.
NON-DEFECTIVE returns can be accepted directly by us within 30 days from the invoice date for, at our discretion, credit or exchange. All NON-DEFECTIVE returns are subject to a 25% restocking fee.
Some manufacturers do not accept returns of certain items for exchange, replacement or credit FOR ANY REASON, and you should check the information provided with the description of the particular product. DEFECTIVE merchandise can be returned for REPAIR only to the manufacturer directly or to any authorized service center in your area. See the description of the product for warranty information as provided by the manufacturer.
Questions regarding our warranty and return policies should be addressed via e-mail to [e-mail address of manufacturer] or by regular mail to Home Oxygen Company, Inc., 5039 Pentecost Drive Suite C, Modesto CA 95356, Attention: Returns. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site.
VIII. Safe Shopping Guarantee
Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures. This guarantee applies to purchases made using our secure server (https: protocol).
You can always order by telephone. Call us at +1 (877) 799-0202 within the United States. We cannot accept orders from outside the United States. No matter how you place your order with us, we want you to have a comfortable buying experience.
IX. Privacy and Customer Information
We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.
At any time, you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
X. Service and Support
All requests for technical service and support with respect to the products and services available through our site should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products. Should you have any other questions or concerns, you should contact us by e-mail at sales@homeoxygencompany.com or by mail at Home Oxygen Company, Inc., 5039 Pentecost Drive Suite C, Modesto, California 95356, Attention: Merchandising. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
Except as explicitly noted on this site, the services available through this site are offered by Home Oxygen Company, Inc., a California corporation, located at 5039 Pentecost Drive Suite C, Modesto, California 95356. Our telephone number is +1 (877) 799-0202. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at
California Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N-112
Sacramento, California 95834
or by telephone at 800.952.5210 | 800.735.2929 TTY
XI. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
XII. Entire Agreement and Other Documents
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
XIII. Governing Law and Statute of Limitations
This site (excluding linked site) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Stanislaus County County and the United States District Court for the 9th District of California with respect to such matters.
Any cause of action brought by you against us, or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These terms and conditions apply to the purchase and sale of products and services through homeoxygencompany.com (referred to as the “site”). By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this site. These terms and conditions are subject to change by Home Oxygen Company, Inc. (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product and services that are available through this site. These terms and conditions are an integral part of the Site Terms of Use that apply generally to the use of our site. You should also carefully review our Privacy Policy before placing an order for goods or services through this site.
I. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. We reserve the right to cancel your order seven business days from when you placed the order if you fail to submit the required documents (prescription, medical record, etc.) needed to further process your order.
We are a reseller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our site. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
II. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order. We accept VISA, MasterCard, American Express, and Discover credit cards for all online purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Purchase orders from businesses may be accepted upon credit approval of credit and payable on net 30-day terms or such other terms as we may approve or require. See Business Terms and Conditions for more information. All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below. The shipping fee may vary depending on package dimension and weight. It is automatically being calculated by the e-commerce store we are using to this website.
III. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
IV. Shipping Policy
We offer a variety of shipping options to meet your shipping needs. We use only premium carriers (UPS, FedEx, USPS) with Priority and Ground delivery options available for many items. Please check the individual product page for specific delivery options. All deliveries are insured and guaranteed against loss, theft and damage. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. Please note the posted shipping time frame is listed on the individual product page and may vary from item to item. The posted shipping time frame is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. There may be occasional delays beyond the posted order processing time. If the delay is more than seven business days, we will send you an e-mail message notifying you of the delay. If the delay will be less than seven business days, we will ship the product as soon as it is received. If your product is on backorder for more than 10 business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries every 10 business days until the order is cancelled or delivery occurs.
These shipping terms are accepted by you by placing an order with us.
V. Advertising Disclaimer and Trademarks
The descriptions of products and services that are posted on our site are the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising, or shipping errors. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have 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, we will immediately issue a credit to your credit card account in the amount of the charge. All trademarks and registered trademarks relating to products and services available through our site are the sole property of their respective owners. Photographs courtesy of the respective manufacturers.
VI. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below.
ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
VII. Warranty and Return Policy
Most of the products and services available through our site are covered under the manufacturer’s warranty, which is detailed in the product’s description. If applicable, manufacturer’s warranties apply from the date of shipment. You understand that we do not operate or control the products or services offered by the manufacturers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our site.
While we do not offer any warranties with respect to the products and services available through our site, we are committed to working with you to ensure that every product under warranty performs to the manufacturer’s specifications. We offer a 30-day return policy on selected items based on the manufacturer’s return policies. To return products, you must call +1 (877) 799-0202 or e-mail our Returns Department at sales@homeoxygencompany.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice or order number, product code, and nature of the problem.
To expedite the processing of your refund or credit, we ask that products be returned within 30 days of the date that we shipped the product. All returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, CD(s), diskette(s), and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items; we will match your shipping method on your replacement or exchange item(s). You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. If your order arrives in a damaged condition, save the merchandise AND the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and a pickup of the damaged merchandise.
DEFECTIVE returns can be returned directly to us within 30 days from the invoice date for, at our discretion, credit, replacement, exchange or repair. Manufacturer restrictions do apply. Any item that is missing the UPC can ONLY be replaced with the same item. After 30 days, all manufacturers’ warranties apply, and you should contact the appropriate warrant service provider identified in the product description.
NON-DEFECTIVE returns can be accepted directly by us within 30 days from the invoice date for, at our discretion, credit or exchange. All NON-DEFECTIVE returns are subject to a 25% restocking fee.
Some manufacturers do not accept returns of certain items for exchange, replacement or credit FOR ANY REASON, and you should check the information provided with the description of the particular product. DEFECTIVE merchandise can be returned for REPAIR only to the manufacturer directly or to any authorized service center in your area. See the description of the product for warranty information as provided by the manufacturer. Questions regarding our warranty and return policies should be addressed by the respective product manufacturer or by regular mail to Home Oxygen Company, Inc., 5039 Pentecost Drive Suite C, Modesto CA 95356, Attention: Returns. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site.
VIII. Safe Shopping Guarantee
Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures. If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability up to a maximum of $50. This guarantee applies to purchases made using our secure server (https: protocol).
You can always order by telephone. Call us at +1 (877) 799-0202 within the United States. We cannot accept orders from outside the United States. No matter how you place your order with us, we want you to have a comfortable buying experience.
IX. Privacy and Customer Information
We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy.
At any time, you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
X. Service and Support
All requests for technical service and support with respect to the products and services available through our site should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products. Should you have any other questions or concerns, you should contact us by e-mail at sales@homeoxygencompany.com or by mail at Home Oxygen Company, Inc., 5039 Pentecost Drive Suite C, Modesto, California 95356, Attention: Merchandising. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
Except as explicitly noted on this site, the services available through this site are offered by Home Oxygen Company, Inc., a California corporation, located at 5039 Pentecost Drive Suite C, Modesto, California 95356. Our telephone number is +1 (877) 799-0202. If you are a California resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834 or by telephone at +1 (800) 952-5210/+1 (800) 735-2929 TTY.
XI. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
XII. Entire Agreement and Other Documents
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
XIII. Governing Law and Statute of Limitations
This site (excluding linked site) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Stanislaus County and the United States District Court for the 9th District of California with respect to such matters.
Any cause of action brought by you against us, or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.