Online Terms of Sale
Last Modified on: January 1, 2022
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MY CARE SUPPLIES, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.MyCareSupplies.com (the “Website”). These Terms are subject to change by Best Buy Care Supplies, Inc., a California corporation d/b/a My Care Supplies (“Company” “us”, “we”, or “our”), without prior written notice at any time, in our sole discretion. You should review these Terms prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the “Last Modified” date will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website (see Section 9).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered, for any reason, including if: (a) we discover an error in pricing and/or other information about the product ordered or receive insufficient or erroneous billing, payment, and/or delivery information, (b) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, (c) the ordered product is unavailable due to discontinuance or otherwise; or (d) the order is connected to a previous payment dispute. Company reserves the right to cancel any order at any time and provide you a refund for any amounts paid under the applicable order. Please contact us at 866-376-4950 if you would like to cancel your order. To be valid, any cancellation must occur within 20 minutes of an order being placed.
3. EZ Ship Subscriptions.
(a) Definitions. For purposes of this Agreement:
(i) “EZ Ship Interval” means the selected interval at which the EZ Ship Subscription renews and EZ Ship Orders will be placed;
(ii) “EZ Ship Order” means Orders for EZ Ship Products that are automatically placed under an EZ Ship Subscription;
(iii) “EZ Ship Product” means a product for which you have opted into an EZ Ship Subscription; and
(iv) “EZ Ship Subscription” means a program to which you may opt in pursuant to which orders for specified quantities of a product will automatically recur and be shipped to you.
(b) Opt-In and Cancellation. By opting-in to an EZ Ship Subscription (all EZ Ship Subscriptions to which you have opted-in, “Your EZ Ship Subscriptions”) you agree to pay for all applicable EZ Ship Orders placed in accordance with this Agreement. When you place your initial order for an EZ Ship Product and enroll in an EZ Ship Subscription, you will receive a notice that Your EZ Ship Subscription has been created and your initial order will be processed. Your initial order will be processed immediately, and your selected payment provider will be charged at the time such order is placed. You may cancel Your EZ Ship Subscription(s) by logging into and going to the “Manage Subscriptions” page of your “Account Settings” page or by contacting Company at 866-376-4950 or support@mycaresupplies.com and requesting a cancellation of your EZ Ship Subscription(s). Cancellation will not apply to any order that has already been submitted to our warehouse for processing. You may change the EZ Ship Interval of Your EZ Ship Subscriptions at any time on a going forward basis by going to the “Manage EZ Ship” page of your “Account Settings” page. The EZ Ship Interval change becomes effective immediately upon making the change but will not apply to any order that has already been submitted to our warehouse for processing. We may, in our sole discretion, terminate any or all of Your EZ Ship Subscriptions at any time with or without notice. If we do so, you will only be charged for EZ Ship Orders that have been shipped to you prior to the time of termination.
(c) Automatic Renewals. You agree that Your EZ Ship Subscriptions will automatically renew, and EZ Ship Orders will automatically recur at the EZ Ship Interval indefinitely unless and until you cancel the applicable EZ Ship Subscription or change the EZ Ship Interval in accordance with Section 3(b). You will be responsible for all EZ Ship Orders placed in connection with your EZ Ship Subscription prior to your request for cancellation. At the end of each EZ Ship Interval, the applicable EZ Ship Subscription will automatically renew for the duration of the immediately preceding EZ Ship Interval and an EZ Ship Order will automatically be placed for the applicable EZ Ship Products at our then-current price for such EZ Ship Products. You will receive an email notification reminding you of each upcoming EZ Ship Order up to 72 hours prior to the start of the next EZ Ship Interval. Upon renewal of an EZ Ship Subscription, if Company does not receive payment from your payment provider for the applicable EZ Ship Order, you agree (a) to pay all amounts due on your account upon demand, and (b) that Company may terminate or suspend your EZ Ship Subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your EZ Ship Subscription will be activated and for purposes of automatic renewal, your new EZ Ship Interval will begin as of the day payment was received). Similarly, if Company does not receive a payment from your Payment Provider for a recurring purchase, the product(s) ordered will not be shipped.
4. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Company reserves the right to provide or change discount benefits at any time in its sole discretion, including discount amounts and eligibility used to determine discount amounts. All changes will apply to future orders, including for current EZ Ship Subscriptions. We may, in our sole discretion, create discounts and promotional codes or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated on the applicable Promo Code, Promo Codes may only be used once per person. Only Promo Codes sent to you through official Company communications channels are valid. Promo Codes: (a) must be used for the intended audience and purpose, and in a lawful manner; (b) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (c) may be disabled by us at any time for any reason without liability to us; (d) may only be used pursuant to the specific terms that we establish for such Promo Code; (e) are not redeemable for cash; and (f) may expire prior to your use. Unless otherwise stated at the time of issuance, [all Promo Codes expire 30 days after issuance.]
(c) [Upon request, any credits on your account can be applied to your next order prior to charging you for such order.]
(d) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. My Care Supplies uses Authorize.net by Visa, Inc. (“Authorize.net”) as its primary third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). You acknowledge that we are bound by, and you agree, to the extent applicable, to be bound by Authorize.net’s terms and conditions (available at https://www.authorize.net/en-us/about-us/terms.html) along with Visa’s privacy policy (available at https://usa.visa.com/legal/privacy-policy.html). You hereby consent and authorize My Care Supplies and Authorize.net to share any information and payment instructions you provide with one or more third party service provider(s) to the minimum extent required to complete your transactions with us. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
(e) Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. You are responsible for paying any Sales Tax, as defined below, that may be due in connection with your order. If Company determines it has a legal obligation to collect a Sales Tax from you in connection with any order, Company shall collect such Sales Tax in addition to the payments required for products under your Orders. If any payments for any products under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense Company may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this Section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
5. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) All sales of products are made Ex Works (Incoterms 2010) Company’s designated point of shipment, and title and risk of loss to each shipment of products shall pass to you when Company makes such shipment available to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
6. Returns and Refunds. Due to the current COVID-19 pandemic, we are temporarily suspending all product returns. This policy change is in place to protect both employees and customers from the additional risk of contamination from returned products. We apologize for the inconvenience.
Please contact customer service at (866) 376-4950 or support@mycaresupplies.com if you have any questions.
For defective returns, please refer to the manufacturer’s warranty (see Section 7) included with the product or as detailed in the product’s description on our Website.
7. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer’s warranty as detailed in the product’s description on our Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
8. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY [, 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.
The limitation of liability set forth above shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
9. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
10. Privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction. This Website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
13. Dispute Resolution and Binding Arbitration.
(a) YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. THE UNTED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
14. 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 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
17. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to 800-578-9484 ; or (ii) by personal delivery, overnight courier, or registered or certified mail to Jennifer Puleo - 27911 Franklin Pkwy, Valencia, CA 91355. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.