Terms of service
TERMS OF SALE
OVERVIEW
Welcome to the https://expiredmedicalsupplies.com website (the “Site”). Expired Medical Supplies LLC (“Seller”) values its relationship with its customers, so these Terms of Sale are provided to ensure clarity in the relationship and ease of making transactions. The following are terms of a legal agreement between you and Seller. By making a purchase on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. You are prohibited from making purchases through the Site in any country or for any purpose for which such purchases would be illegal. If you do not agree to these terms, please do not use or make a purchase on the Site.
All transactions will be governed under the general commercial laws of the State of Minnesota as supplemented or modified by this Agreement, without regard to conflict of law principles. Seller will accept your order only if (1) you accept the terms of these Terms of Sale (“TOS”), (2) the product you have selected to purchase is available, and (3) you provide a valid and verifiable ship-to address. Seller reserves the right to cancel your order in its sole discretion, for any reason.
Confirmation of receipt of your order does not constitute acceptance of your order; your order is accepted only when you receive confirmation that the order has been shipped. The TOS, including associated warranty statements or attachments, are the complete agreement between you and Seller regarding your purchase of products and replaces any prior oral or written communications between you and Seller. Any additional or different terms in any order or written communications from you are void. If there is a commercial agreement in effect between you and Seller, then the terms of the commercial agreement govern this transaction.
NATURE OF THE PRODUCTS
By making a purchase on the Site, you acknowledge and agree that the products on the Site are expired medical products and are subject to legal limitations on their use. The products are available for purchase for limited purposes, such as research, education, and veterinary use. In no event should the products be used for human medical purposes; they are not guaranteed to be sterile and are not appropriate for human medical use.
You further acknowledge and agree that product photographs on the Site are for reference purposes only. You may not receive the actual product pictured on the Site, and we cannot guarantee that the products you receive will be identical to the product pictured. The product you receive will be, to the best of our knowledge, the same brand listed and the same item number listed.
You further acknowledge and agree that the products on the Site are secondhand products that have been obtained from sources other than their manufacturers. Although we do our best to ensure we receive products only from trustworthy sources, we are not responsible for any counterfeit products. The trademarks that appear on the Site are used for identifying the products only under the nominative fair use doctrine. The trademarks are the intellectual property of their respective owners. Seller, its affiliates, suppliers, and subcontractors do not own or license the trademarks for the products that appear on the Site and are in no way affiliated with or sponsored by the owners of the trademarks that appear on the Site or the manufacturers of the products that appear on the Site.
PRICES
The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling, which will be displayed on the checkout screen after you have selected your products for purchase and provided your shipping address. If you are located outside the United States, please be sure that you are aware of the price in your local currency, and that your credit card company may charge a currency conversion fee, for which Seller is not responsible.
If a product is quoted at an incorrect price due to typographical error or error in pricing information: 1) Seller has the right to refuse or cancel any orders placed for the product quoted at the incorrect price, even if Seller has confirmed the receipt of your order and charged your credit or debit card, and 2) if Seller has charged your credit or debit card but subsequently canceled your order, Seller will promptly issue a credit to your credit or debit card account for the amount charged. You are responsible for , if any, for each product from the date Seller ships it to you. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
PAYMENTS
Seller uses a third-party shopping platform and payment processor, Shopify. You can find out more about Shopify on its website, https://www.shopify.com/. Seller uses a third-party payment gateway, PayPal. You can find out more about PayPal on its website, https://www.paypal.com/. When you order something from the Site, you will be asked to provide personal information including but not limited to your name, physical address, telephone number, and credit or debit card information. This information will be used to process your order and payment, and for related purposes. We will not receive a copy of your credit or debit card information, but we will receive your contact information. For additional information, please read Shopify’s Privacy Policy at https://www.shopify.com/legal/privacy/customers and PayPal’s Privacy Policy at https://www.paypal.com/us/legalhub/privacy-full.
BUSINESS DAYS
For purposes of these TOS, references to “business days” mean days on which Seller’s offices are opened. Seller’s offices are generally opened on weekdays, Monday through Friday. Seller’s offices are closed on weekends, United States federal holidays, and the week between Christmas Day and New Year’s Day.
SHIPPING
Domestic Orders. Domestic orders are shipped via common carrier to the shipping address you have provided. Seller assumes the risk of loss during shipping. Seller may choose to use the U.S. Postal Service or another delivery service in Seller’s sole discretion. When your order has shipped, Seller will provide delivery information including tracking information where available.
International Orders. International orders are shipped via common carrier to the shipping address you have provided. You assume the risk of loss during shipping. Seller may choose to use any delivery service that operates in both the United States and the country of your shipping address in Seller’s sole discretion. When your order has shipped, Seller will provide delivery information including tracking information where available. You are responsible for the cost of shipping as well as any duties, taxes, duties, customs fees, or any other costs associated with shipping your order.
All Orders. Payments must be received prior to shipping. Please allow up to 4 weeks for your package to ship, and refer to the shipping provider for tracking information and the timing of delivery of your package. Please be aware that you are responsible for ensuring that your order is in compliance with all local laws, including but not limited to laws governing use and import or export of expired medical products. Orders will not be shipped on days when Seller’s offices are closed.
RETURNS
You are responsible for inspecting your order upon receipt to insure that you have received the correct products and that they products are not damaged. Returns are accepted only in cases where (a) Seller has shipped the wrong product or (b) the product arrives damaged. In these two cases, returns are gladly accepted for a refund if the refund process is initiated within 5 business days from the date of delivery (as determined from the tracking information). To return or exchange a product, please visit https://expiredmedicalsupplies.com/policies/refund-policy and provide the following information:
- your order number;
- the reason you are seeking to return a product; and
- a photograph of the damaged or incorrect product.
After you have filled out the Returns form, you will be able to print a pre-paid return shipping label. Please follow the instructions with the pre-paid return shipping label to return the product(s). The returned product must be in the same condition in which you received it when it is returned. Refunds will be issued only when Seller receives the returned product.
All sales are final 5 business days after delivery unless returned as described above.
LIMITED WARRANTY AND LIMITATION OF LIABILITY
Domestic Customers. Seller warrants that its products shall be free from shipping- or storage-related damage upon receipt. Seller will, as described above, refund the purchase price of products that arrive with shipping- or storage-related damage. No charge will be made for shipping or other costs with respect to defects covered by this warranty.
International Customers. Seller warrants that its products shall be free from storage-related damage upon receipt. Seller will, as described above, refund the purchase price of products that arrive with storage-related damage. No charge will be made for shipping or other costs with respect to defects covered by this warranty.
All Customers. To obtain protection under this warranty, you must follow the procedures described above under “Returns.”
Specifically excluded from this warranty are any claims arising as a result of improper application (including, but not limited to, human medical application), use (including, but not limited to, human medical use), neglect, abuse, or other mistreatment of the products; and any guarantee or warranty as to the freedom from defects or workmanship of the products.
Seller, its affiliates, suppliers, and subcontractors will not be liable under any circumstances for any consequential, incidental, special, punitive, exemplary, or other damages (including, but not limited to, damages resulting from commercial or economic loss) or costs and expenses (including, but not limited to, attorneys’ fees and litigation costs), incurred as a result of any claim whether based on breach of warranty or otherwise, and whether Seller has been made aware of the possibility of such damages or not.
In no event shall Seller’s liability exceed the purchase price of the product giving rise to any claim. Seller may replace the product or refund the purchase price at its option and in its sole discretion.
THE WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY SELLER.
No attempt to alter, amend or extend this warranty and limitation of liability shall be effective unless in writing and signed by an executive officer of Seller.
Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
INDEMNFICATION
Customer agrees to indemnify, pay the costs incurred to defend and hold harmless Seller (and its officers, directors, employees and agents) from any and all liability, claims, liens, demands, actions and causes of action whatsoever (including reasonable attorneys’ fees and costs) arising out of or related to any third party claims for loss, damage or injury, caused by Customer’s willful misconduct or negligent acts, errors or omissions, violation of applicable law, or breach of any of its representations, warranties or agreements in these TOS or other agreements with Seller.
DISPUTES
All Customers. If a dispute arises between you and Seller, and if the dispute cannot be settled through negotiation, you and Seller agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.
Domestic Customers. You agree that these TOS and your purchase of products from Seller are governed by the laws of the State of Minnesota, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Minneapolis, Minnesota, in all disputes arising out of, relating to, or concerning Seller products and/or these TOS. If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
International Customers. You agree that these TOS and your purchase of products from Seller are governed by the laws of the State of Minnesota, without regard to conflict of law principles. You further agree that any controversy or claim arising out of or relating to these TOS shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Last revised: 7/26/2023