Terms of service

 

Welcome to Pilamed. Throughout this page, "we", "us" and "our" mean Pilamed. We run this store and everything attached to it — the website, the catalogue, the tools, the products (collectively, the "Services"). The store itself is built on Shopify.

What follows sets out what you can expect from us and what we expect from you. Some of it covers warranty disclaimers and limits on our liability, so it's worth more than a skim.

Using the Services means you accept these Terms and our Privacy Policy. If you don't accept them, don't use the site.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms you confirm you're at least the age of majority where you live, and that any minor dependants using the Services on devices you own or manage have your permission to do so.

Browsing, buying, or setting up an account may require you to give us information — email, billing details, shipping address, payment method. You warrant that what you provide is accurate, current, complete, and yours to give.

Your login credentials are your responsibility, as is everything done under your account. Accounts can't be sold, transferred, assigned, or licensed to anyone else.

SECTION 2 — OUR PRODUCTS

We photograph and describe our products as accurately as we can. Screens vary though, and finish, scale, and colour can look different on your monitor than they do in your hand. We can't warrant that an item will match your expectations or look identical to the listing image.

Professional use. Everything we sell is a medical device or instrument intended for licensed healthcare professionals and qualified facilities. Ordering from us means you're representing that you are such a professional, or are buying on behalf of a licensed facility or authorised institution, and that you hold whatever licences, registrations, and authorisations your jurisdiction requires to purchase, hold, and use these products.

Deciding whether a given instrument suits your clinical application is your call, not ours — as is using, sterilising, maintaining, and disposing of it according to the manufacturer's instructions for use and the laws, regulations, and professional standards that apply to you. Nothing on this site is medical advice or a clinical recommendation, and it shouldn't be read as one.

Descriptions can change without notice. We may discontinue any product, and we may limit quantities to a particular buyer, region, or jurisdiction as we see fit.

SECTION 3 — ORDERS

An order is an offer to buy, not a completed sale. We can accept or decline it at our discretion, and it isn't accepted until we confirm it. Payment has to reach and clear with us before that happens.

Check your order before submitting. Once we've accepted it, cancellation may not be possible. Where we decline, change, or cancel an order, we'll try to reach you on the email, billing address, or phone number you supplied.

Returns and exchanges are governed solely by our Refund Policy. You warrant that what you're buying is for your own professional, clinical, or internal business use — not for unauthorised resale, distribution, or export in breach of any applicable law.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions can change at any time without notice. What you pay is the price showing when you place the order, confirmed in your order confirmation email. Unless we state otherwise, listed prices exclude tax, shipping, handling, customs, and import charges.

Promotions we run occasionally come with their own terms. Where those conflict with these Terms, the promotion's terms win for that promotion.

You agree to give accurate and complete payment information, and you warrant that: (i) the payment details are true and correct; (ii) you're authorised to use that payment method; (iii) your payment provider will honour the charges; and (iv) you'll pay everything incurred, including shipping, handling, and tax.

SECTION 5 — SHIPPING AND DELIVERY

Delivery estimates are estimates. We can't be held liable for shipping delays, and we're not responsible for hold-ups caused by carriers, customs, or anything else outside our control. Title and risk of loss pass to you the moment we hand the order to the carrier. Rates, transit times, and international details are in our Shipping Policy.

SECTION 6 — INTELLECTUAL PROPERTY

The Services — trademarks, brand elements, text, images, graphics, product content, video, audio, and the way all of it is designed, selected, and arranged — belong to Pilamed, its affiliates, or its licensors, and are protected under US and foreign patent, copyright, and other intellectual property law.

These Terms let you use the Services for personal or internal business purposes. They don't let you reproduce, distribute, modify, adapt, publicly display, republish, download, store, or transmit material from the Services without written consent from us first.

Our name, logo, product names, designs, and slogans are Pilamed trademarks. Using them requires our written permission. Anything not expressly granted here stays with us.

SECTION 7 — OPTIONAL TOOLS

Some tools available through the Services come from third parties. We don't monitor them and we don't control them. They're provided "as is" and "as available", with no warranties or representations of any kind, and we carry no liability arising from your use of them. Use them at your own risk.

SECTION 8 — THIRD-PARTY LINKS

We link out sometimes. We haven't examined or verified those sites and we're not responsible for their content or accuracy. Follow a link off our Services and you're doing so at your own risk — we're not liable for harm or damages connected to third-party sites, products, services, or content. Read their policies before transacting with them.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Shopify powers our store, but every sale here is between you and Pilamed directly. By using the Services you acknowledge that Shopify bears no responsibility for any part of those sales, including injury, damage, or loss arising from the products and services you buy. You release Shopify and its affiliates from all claims, damages, and liabilities connected to your transactions with us.

SECTION 10 — PRIVACY POLICY

Personal information collected through the Services is handled under our Privacy Policy, which you'll find at pilamed.com/policies/privacy-policy. Using the Services means you've read it and agree to it. Information you submit may be transmitted to and shared with Shopify and other third parties in order to deliver the Services to you.

SECTION 11 — FEEDBACK

Send us ideas, suggestions, reviews, or any other content ("Feedback") and you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display it in any medium, for any purpose, including commercially.

You warrant that: (i) you own or have the rights to your Feedback; (ii) you've disclosed any compensation or incentive you received in connection with it; and (iii) it complies with these Terms. We're not obliged to keep Feedback confidential, pay for it, or respond to it.

Your Feedback must not infringe anyone else's rights — copyright, trademark, privacy, or otherwise. What you submit, and whether it's accurate, is on you.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

Typos happen. So do pricing errors, wrong transit estimates, and stale availability information. We reserve the right to correct any of it, to update or change information, and to cancel orders placed on inaccurate information — without prior notice, including after your order is submitted.

SECTION 13 — PROHIBITED USES

Use the Services lawfully. Specifically, don't use them:

  • For anything unlawful or malicious
  • To breach international, federal, or state law
  • To infringe our intellectual property rights or anyone else's
  • To harass, abuse, harm, defame, or intimidate
  • To spread false or misleading information
  • To send spam, unsolicited advertising, or chain messages
  • To impersonate a person or organisation
  • To interfere with anyone else's use of the Services

Also off-limits: uploading viruses or malicious code, reproducing or reselling any part of the Services, harvesting other people's personal information, and interfering with our security features. Break any part of these Terms and we may suspend or terminate your account without notice.

SECTION 14 — TERMINATION

We can end this agreement or your access to the Services at any time, without notice. You'll still owe whatever was outstanding up to that point. These sections survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy Policy.

SECTION 15 — DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY PILAMED, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL PILAMED, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend and hold harmless Pilamed, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of: (1) your breach of these Terms of Service; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We'll notify you of any indemnifiable claim. We may control the defence and settlement of such claim at your expense, but won't settle any claim requiring non-monetary obligations from you without your consent.

SECTION 18 — SEVERABILITY

If a court finds any provision here unlawful, void, or unenforceable, that provision still applies as far as the law allows, and the unenforceable part is treated as cut out of these Terms. Everything else carries on unaffected.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

If we don't enforce a right or provision on some occasion, that isn't a waiver of it.

These Terms, plus any policies or operating rules we post on this site, are the whole agreement between you and Pilamed regarding the Services. They replace anything discussed or agreed beforehand, spoken or written.

SECTION 20 — ASSIGNMENT

You can't delegate, transfer, or assign this agreement or your rights and obligations under it without our written consent — any attempt to do so is void. We can transfer, assign, or delegate ours without your consent or notice.

SECTION 21 — GOVERNING LAW

These Terms, and any separate agreement under which we provide the Services, are governed by and construed under the laws of the State of Florida, United States. You and Pilamed both consent to venue and personal jurisdiction in the courts of Florida.

SECTION 22 — HEADINGS

Headings are here to help you navigate. They don't limit or affect the Terms themselves.

SECTION 23 — CHANGES TO TERMS OF SERVICE

We may update, change, or replace any part of these Terms at our discretion by posting the revision to the site. Checking back periodically is on you. Where a change is material, we'll notify you as the law requires. Continuing to use the Services after a change means you accept it.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms go to:

Pilamed
Email: support@pilamed.com
Support Hours: MON–FRI 10:00 AM – 5:00 PM EST Time
We reply within 24 hours (Mon–Fri).
Address:
2645 NE 207 Street, Aventura, FL 33180, United States