Effective Date: February 8, 2024
Scope. THESE TERMS AND CONDITIONS OF SALE (“TERMS”) FORM A LEGALLY BINDING AGREEMENT BETWEEN US, MASIMO CORPORATION, AND YOU IF YOU TAKE STEPS TO PLACE AN ORDER TO PURCHASE A PRODUCT THAT WE OFFER FOR SALE (“PRODUCT”), EITHER ELECTRONICALLY OR THROUGH A SIGNED DOCUMENT WITH US. IN THE EVENT OF A CONTRADICTION BETWEEN THESE TERMS AND ANOTHER AGREEMENT BETWEEN YOU AND US, THESE TERMS SHALL PREVAIL TO THE EXTENT OF THE CONTRADICTION. PLEASE READ THESE TERMS CAREFULLY AS THEY INCLUDE LIMITATIONS TO OUR LIABILITY, AMONG OTHER CLAUSES THAT MAY IMPACT YOUR DECISION TO ORDER PRODUCTS.
Eligibility. YOU MAY NOT ORDER OR OBTAIN PRODUCTS IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SALE, (B) ARE NOT AT LEAST THE LEGAL AGE OF MAJORITY TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING, ORDERING, PURCHASING OR USING ANY OF OUR PRODUCTS OR SERVICES BY APPLICABLE LAW. IF YOU ARE USING A WEBSITE OF OURS OR ONE OF OUR AFFILIATES TO MAKE AN ORDER, YOU AGREE THAT YOUR USE OF THE WEBSITE IS SUBJECT TO THE WEBSITE TERMS OF USE SHOWN THEREON.
Orders. By placing an order to purchase Products from us, you are making an offer to us to purchase Products. When a word appears in its plural form in these Terms, such as “Products”, the word also implies its singular form, where applicable, and vice-versa. All orders are subject to acceptance by us. For the avoidance of doubt, we may decline or limit the quantities on any order, in whole or in part, for any reason. If we have processed payment prior to non-acceptance of your order, we will issue a refund of any amounts actually received by us. Please note that it can take 7 business days or longer for the bank to transfer the funds to you. If we accept your order, we will notify you of the acceptance by sending you an order confirmation. These Terms shall form part of any order. Any term or condition you include in any order or other document you provide shall be of no force or effect. Our acceptance of an order shall not be deemed an acceptance of any conflicting or additional terms, and we hereby reject any different or additional terms or conditions that you propose.
Price. The price charged for a Product will be the price in effect at the time the order is placed and will typically be set out in your order confirmation email or another communication from us. If the price of a Product shown on our website at the time you make an online order for the Product is incorrect, we will contact you for instructions before shipping your order, or cancel your order and notify you of such cancellation. Product prices shown on our website or other materials may change from time to time without notice. Posted prices include standard shipping and handling costs using the freight carrier we select. Taxes and surcharges, if applicable, will typically be itemized separately on an order form and must be paid by you.
Payment Methods. You can find the available payment methods during the checkout process. Credit card payments, including recurring charges, are handled through third-party payment processors. These third-party payment processors will collect and retain your credit card information in order to process your payment. For more information, please review our Privacy Policy at https://professional.masimo.de/company/masimo/privacy/. At the time you place your order, we pre-authorize your payment method for the total purchase amount plus applicable taxes, shipping charges and any other surcharges. When we accept your order, we collect payment from your selected payment method. By placing your order and making an offer to buy a Product, you authorize us to transmit information or to obtain information about you from third parties for purposes of fulfilling the order. This may include verification checks involving your debit or credit card number or credit reports, such as in order to authenticate your identity.
Certifying Credit Card Information. You represent and warrant that (i) you are at least the age of majority in your country, state or province of residence; (ii) the credit card information you supply is true, correct and complete, (iii) you are duly authorized to use such credit card for the purchase, (iv) charges incurred by you will be honored by your credit card company, and (v) you will pay charges incurred by you at the posted prices, including all applicable fees and taxes, if any.
Discount Codes. If a discount code is being offered or is available, you may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued, including terms relating to your eligibility to use them and a maximum order value. Discount codes and other offer promotions are subject to these Terms, and any additional terms and conditions specific to the promotion offer.
Product out-of-stock. Occasionally, demand for products is so high it surpasses our supply. When this happens, we ask that you provide us with your email address so that we may notify you when we have further stock available.
Title. Title and right to the Products purchased by you from us shall remain with us until all amounts owed by you have been paid in full and we have shipped the Products to you. We may retake possession of Products if payment for the Product has not been made.
Risk of Loss. Risk of loss or damage to the Products purchased by you will pass to you upon our delivery of the Products to the carrier we select to ship the Products to your stated delivery address.
Delivery and Shipping. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any losses you may suffer as a result of our delays in shipments. If we are unable to ship products within the time anticipated or 30 days of receiving a properly completed order, we may request your consent to a delay in shipping. Absent this consent, we will cancel your order and refund any payment that has already been collected. It is your responsibility to provide complete and accurate delivery address information. We will not be liable if you provide incomplete or inaccurate information.
Cancellations. All sales of Products are final. If you recently placed an order and would like to cancel it, you may contact our customer service at the following link https://www.masimo.com/de-de/contact-us.html. If your order has not yet been processed, we will take reasonable actions to attempt to accommodate your cancellation request. However, if we are unable to cancel your order, you may still have the option of returning the Product by following the terms set forth in our Return and Refund Policy.
Return and Refund Policy. For Products ordered directly from us, we guarantee 100% satisfaction for 30 days from the date of purchase, or your money back, subject to the conditions in these Terms. If you are returning a Product that was purchased using a bundled product promotional discount, you must return all items in the bundle to receive a full refund. If the complete bundle is not returned, your refund will equal the amount you paid for the product bundle less the full standard prices that we set for the items not returned. We will not refund any shipping charges. We do not accept returns of Products purchased from anyone other than us, such as retail stores, department stores, or other locations or third parties that may sell Products. To receive your refund, you must follow the following steps:
(a) Your Product must be in the same condition that you received it and in its original packaging.
(b) Click here to request a return. To get started, please enter the email address that was used to place the order and the order number that can be found on your order confirmation email.
(c) Place return shipping label you receive clearly on the outside of the returned package. Our return department is not allowed to process packages without return shipping label that was provided to you by us after following the above steps, and no refunds will be issued for any packages returned without a return shipping label, including packages marked as “Return to Sender”. When using the return shipping label, shipping costs are paid by us.
(d) Returned products must be received within 10 days after you receive your return merchandise authorization (RMA) number.
(e) Refunds will be issued only to the same payment method that was used in ordering the product. It generally takes about 7 to 14 business days to receive a refund. Refunds will be for the cost of the product. Shipping and handling are not refundable.
Restrictions. You agree to not engage in any conduct in respect to your use of the Product that could harm us or any third party or use the Product in a manner that violates any laws.
Limited Warranty. We warrant Products to be free of defects in material and workmanship for the product's limited warranty period (“Limited Warranty”) available via https://www.masimo.com/de-de/policy-pages/return-policy.html, which is incorporated by reference into these Terms. The limited warranty period starts on the original purchase date of the product. The Limited Warranty extends to the original purchaser of the product only. See the limited warranty statement for applicable terms, limitations, and the limited warranty period.
Disclaimers. WE MAKE NO WARRANTIES EXCEPT THOSE STATED IN THE LIMITED WARRANTY STATEMENT AND THOSE THAT CANNOT BE DISCLAIMED BY APPLICABLE LAW, INCLUDING IMPLIED WARRANTIES UNDER APPLICABLE STATE OR LOCAL LAWS. NECESSARY MAINTENANCE OR REPAIRS ON YOUR PRODUCTS CAN BE PERFORMED BY ANY AUTHORIZED COMPANY, HOWEVER, DAMAGE CAUSED TO THE PRODUCTS BY YOU OR ANY NON-AUTHORIZED THIRD PARTY MAY VOID THIS WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY.
Some States, jurisdictions and territories do not allow disclaimers of implied warranties, the exclusion or limitation of certain damages (such as incidental or consequential damages), or limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
EXCEPT AS PROVIDED IN THESE TERMS, YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE, AND THE CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED ON OR DESCRIBED ON OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE. WE FURTHER DISCLAIM ANY WARRANTY EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Indemnification. You agree to indemnify and hold harmless us and our affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand, arising out of or related to (i) your access to or use of our website, (ii) purchase of Products, or (iii) your violation of these Terms.
Disclaimer of Advertisements and Links to Third Party Websites. We may from time-to-time display advertisements from third parties on our website or other materials. These advertisements may be in the form of a banner, link, pop-under or pop-up. To the fullest extent permitted by applicable law: (i) we are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements or any click through or linked websites; and (ii) IN NO EVENT SHALL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE, INCLUDING COMPENSATORY OR PUNITIVE, OR FOR ANY LOSS ARISING FROM OR RELATING TO SUCH ADS, LINKS, OR WEBSITES.
Intellectual Property. You shall not use our trademarks, name, logo, likeness, trade dress, designs, patents, or other proprietary rights (“Intellectual Property”) without written permission from us. You shall not alter, cover, deface, remove, or otherwise change any of our Intellectual Property or make changes to any materials provided by us or in connection with Products. You shall not register any of our Intellectual Property in your own name or that of another unauthorized party.
Severance. If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.
Waiver. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Third Parties. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Amendment. We reserve the right to change these Terms from time to time at our sole discretion, but any changes will not apply to any orders placed prior to the change being made.
Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
Notices. We may provide any notice to you under these Terms by posting an updated to the Website. Notices we provide by posting will be effective upon posting. It is your responsibility to check the website for updates.
Entire Agreement. These Terms (including any linked, referenced, or incorporated terms or policies) constitute the entire agreement between you and us with respect to the subject matter of these Terms.
Governing Law. These Terms shall be governed by the laws of the jurisdiction in which you reside.
Miscellaneous. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the posted Privacy Policy on our Website.
Contact Information. If you have any questions or comments, please feel free to contact us at the following link https://www.masimo.com/de-de/contact-us.html.