Terms and Conditions of Sale - Altimate™ Mask

Last Revised: March 21, 2018

All orders placed by you are SUBJECT TO the terms and conditions of sale set out below.

Please scroll down as necessary to carefully review all of the terms and conditions of sale. We reserve the right to make changes from time to time to the terms and conditions.

The terms and conditions applicable to each of your orders are the terms and conditions set out on this site at the time you place your order.

1. PAYMENT & ORDER PROCESSING

Products ordered on-line must be prepaid by credit card or other available method of payment at the time the order is placed. We currently accept MasterCard, Visa, American Express, PayPal and Apple Pay. Available methods of payment are subject to change.

If you are uncomfortable with the degree of security provided by our credit card processor, please place your order directly with us by telephone. (See #8 below). Please review the credit card processor's Privacy Policy.

Orders received will be processed on the following business day.

2. RETURNS

Within the 30 days of purchase you may return the product for reimbursement of the purchase price.

In order to be entitled to reimbursement of the purchase price, the returned product must be in its original condition and packaging, and the return packaging must be marked on the outside with a return goods authorization number (RGA#). See below on how to obtain an RGA number. You must be able to provide us with satisfactory proof of the date of purchase. Reimbursements will be applied to your credit card or original method of payment for the purchase price originally paid by you in U.S. currency. No credit will be issued until the product is received at our warehouse. See below for contact information.

Shipping charges, taxes, duties, and any other charges paid by you in addition to the purchase price are not eligible for reimbursement. The cost of shipping the product back to us, and any other related costs, is your responsibility.

3. SHIPPING

Products are generally shipped next business day after receipt of the order, subject to availability of products at the time the order is received.

You may cancel an order prior to shipment, however, other than as provided for above, we are not responsible for cancellations once an order has been placed and shipped. All cancellations must be submitted to customer service. Please see below for contact information.

Shipping charges may be up-dated periodically.

4. PURCHASE PRICE

All prices are quoted in U.S. currency, and are final at the time the order is placed. All payment must be made in U.S. currency. Our prices are up-dated periodically. The applicable price is the price set out on this site at the time you place your order.

Prices do not include sales taxes. These charges, where applicable, will be calculated at checkout and can be reviewed before completing your order. On order completion, these charges will be applied to your credit card or chosen method of payment.

Duties, taxes, and any other charges applicable in the jurisdiction where the products are to be shipped to are your responsibility and will be charged to your credit card if payable by us or our agent.

5. DAMAGE/LOSS IN TRANSIT

Your shipment is 100% insured against loss or damage that occurs during transit from our warehouse to the destination specified in your order. You are responsible for claim processing. Please contact the carrier directly. Be sure to save the product packaging.

6. LIMITED WARRANTY/DISCLAIMER/LIMITATION OF DAMAGES

IF A WARRANTY IS ENCLOSED IN THE PACKAGING WITH TERMS THAT CONFLICT OR ARE INCONSISTENT WITH THE TERMS OF THIS WARRANTY, THE WARRANTY IN THE PACKAGING WILL PREVAIL.

The products carry a six (6) month warranty against material defects in material and workmanship. The six (6) month time period begins from the date of shipment. If we determine that the product is not in compliance with this warranty we will, at our option, either (a) repair the product to bring it in compliance or replace it, all at no charge to you, or (b) issue a credit or reimburse you for the purchase price paid by you for the product.

This warranty does not cover defects or damages arising from misuse, lack of proper maintenance, shipment, or any other defect or damage not arising out of a defect in material or workmanship as specified above.

We will not honour warranty claims received fifteen (15) days or more after the six (6) month warranty period has expired. To make a warranty claim, please contact customer service. Please see below for contact information.

You may be required to ship the product to our warehouse, at your expense, for inspection. If after inspection, we determine that the product is not in compliance with our warranty, we will reimburse you for shipping costs incurred by you in shipping the product to us. The product must be shipped using the selected carrier’s Ground shipping service. Faster shipping options may not be reimbursed. You will be required to produce a shipping receipt to validate your claim for reimbursement.

When returning a product, you must comply with our Return of Goods Policy set out below.

To the fullest extent permitted by applicable law, all other warranties and conditions, express or implied, including the implied warranties and conditions of merchantable quality, durability and fitness for a particular purpose, are excluded and disclaimed. The remedy set out in this Section 6 for breach of the product warranty is your sole and exclusive remedy for breach of the product warranty. To the fullest extent permitted by applicable law, our entire liability to you of any kind whether in contract, tort, or otherwise, including a break of any implied warranty or condition that may not be disclaimed by applicable law, is limited to the price paid by you for the purchased product(s). IN NO EVENT WILL WE BE LIABLE TO YOU OR OTHERS FOR: (a) DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR THE PURCHASED PRODUCT(S); AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, (b) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHETHER FORSEEABLE OR NOT.

7. RETURN OF GOODS POLICY

Before returning any product, you must obtain a return authorization number (RGA#). An RGA# can be obtained through the Returns page of the website or from customer service by telephone. Contact information for customer service is set out below.

No product returns will be accepted without a return authorization number (RGA #). You must place the return authorization number on the outside of the return package.

8. CONTACT INFORMATION

Customer service may be reached by fax, e-mail, or telephone as follows:

Hours of operation:
Monday - Friday, 08:30 - 16:30 EST
Canada & U.S. Tel: 1-800-465-3296
Fax: 1-519-455-6479
Email: customerservice@tmimd.com
International Tel: + 1-519-455-7060
International Fax: + 1-519-455-6478
Address: Customer Service, 725 Third Street, London, Ontario, CANADA, N5V 5G4

The contact information may be up-dated periodically.

8. GENERAL

You agree that the agreement arising out of your acceptance of these terms and conditions is made in the province of Ontario, Canada. The agreement will constitute the entire agreement between you and us with respect to your purchase. No amendments will be valid, unless agreed to in writing between you and us.

The validity, performance, interpretation, and enforcement of these terms and conditions of sale, and our and your respective rights and liabilities, are governed by and to be construed in accordance with Ontario local domestic law. You hereby consent to the exclusive jurisdiction and venue of the Ontario courts in London, Ontario, CANADA, in all disputes arising out of or relating to these terms and conditions of sale and/or use of product(s).

If any part of these terms and conditions is declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part will be deemed served and the remaining terms and conditions will continue in force and all rights and remedies accrued under the valid and enforceable terms and conditions, or part thereof, will survive the declaration.

You acknowledge that you have requested that these terms and conditions of sale be drafted in English. Vous reconnaissez avouir exige a ce que cette convention soie redige en Anglais.

You shall not place an order if you are less than 18 years old. By placing an order through our on-line store, you are representing and warranting to us that you are at least 18 years old.

All orders are subject to acceptance at our sole discretion.

By placing an order through our on-line store, you confirm your agreement with all of the above terms and conditions of sale without limitation or qualification. You agree that the act of placing an order through our on-line store has the same effect as affixing your hand signature on a paper form containing the same terms and conditions of sale.

Please print a copy of these terms and conditions of sale for your records.

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