Terms of service

Welcome to S-Med. These terms and conditions apply to your use of this website and our e-commerce platform. By accessing this website and/or placing an order, you agree to be bound by the terms and conditions set out below. If you do not agree to these terms, please do not use or access this website.

General Information

This website is operated by S-Med, an ARTP-accredited provider of CPAP, sleep, and respiratory equipment in the United Kingdom. As a user of this website, you acknowledge that any use, including any transactions you make, is subject to our terms and conditions below.

We reserve the right to change these terms and conditions at any time. Any modifications will take effect immediately when posted on the website. It is your responsibility to read the terms on each occasion you use this platform.

Definitions

• "Conditions" refers to these terms and conditions.

• "Product" means any equipment, device, or item displayed for sale on the Website.

• "We/us/our" refers to S-Med.

• "Website" refers to the S-Med e-commerce platform.

• "You/your" refers to the user or customer accessing the Website.

Medical Disclaimer

Important: No claim is made by S-Med that any of the products available for purchase via our website will independently diagnose, cure, or prevent any specific disease or condition. The information and products provided are not a substitute for professional medical advice. It is your responsibility to decide if a product is suitable for your needs. If you are in any doubt, you must consult your doctor or a qualified healthcare provider before purchasing or using our respiratory and sleep equipment.

Registration and Account Security

To use certain parts of our website, you may be required to register for an account. By registering, you agree to:

• Provide true, accurate, current, and complete information about yourself.

• Maintain the strict confidentiality of your password and login details.

• Accept full responsibility for all activities that occur under your account.

• Notify us immediately of any unauthorized use of your account or password.

User Conduct

The Website may be used only for lawful purposes. You agree not to use the website to:

• Upload or transmit any content that is unlawful, harmful, defamatory, or obscene.

• Interfere with or disrupt the operation of the website or its servers.

• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.

• Violate any applicable local, national, or international law.

Intellectual Property

All copyright, trademarks, and all other intellectual property rights in all materials and content made available on this website remain at all times vested in S-Med or our licensors. You may only download or copy content for your personal, non-commercial use to assist with purchasing from our website. Any other use, reproduction, commercial exploitation, or distribution is strictly prohibited.

Third-Party Links

To provide increased value, we may offer links to external websites. You acknowledge that we are not responsible for the availability, content, privacy practices, or goods and services provided by these third-party websites. Accessing them is at your own sole risk.

Disclaimer of Warranties

This website and its services are provided on an "as is" and "as available" basis. While we strive for accuracy, S-Med expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the website will be uninterrupted, timely, secure, error-free, or free of viruses.

Limitation of Liability

To the fullest extent permitted by applicable law, S-Med will not be liable for any direct, indirect, special, incidental, or consequential damages arising out of your use of the website or products. This includes, but is not limited to, loss of profits, data, goodwill, or anticipated savings.

• Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees or agents.

• Your statutory rights as a consumer are not affected by these terms.

Indemnification

You agree to indemnify, defend, and hold S-Med, our officers, directors, employees, and suppliers harmless immediately on demand, from and against all claims, liability, damages, losses, and expenses (including reasonable legal fees) arising out of any breach of these Conditions by you or related to your use of this Website.

Severability and Waiver

If any part of these Conditions is deemed unlawful, void, or unenforceable, that provision will be severable and will not affect the validity and enforceability of the remaining provisions. No failure by us to enforce a right or provision shall be deemed a waiver of that right or provision.

Governing Law

These Conditions shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes arising out of your use of this website.

Product Descriptions and Availability

We make every reasonable effort to ensure that the main characteristics, technical specifications, and descriptions of our CPAP, sleep, and respiratory equipment are completely clear and accurate. Please note that all product images on the Website are for illustrative purposes only, and minor packaging variations may occur from the manufacturer. All orders are subject to stock availability.

Order Process and Contract Formation

1. Placing an Order: When you select items and complete the checkout process, your order constitutes a legal offer to purchase the products from S-Med.

2. Order Acknowledgment: Once your order is placed, we will send you an automated email titled "Order Acknowledgment." This email simply confirms we have received your request; it does not mean your order has been accepted.

3. Final Contract Acceptance: A legally binding contract between S-Med and you is only formed when we physically dispatch your items and send you a formal Dispatch Confirmation email. We reserve the right to decline or cancel an order at any time prior to dispatch (e.g., due to stock errors, pricing mistakes, or inability to authorize payment).

Pricing, Taxes, and Additional Charges

• Total Pricing Transparency: All prices shown on our product pages are transparent. In compliance with UK law, the total price displayed at checkout before you finalize your order will explicitly include the cost of the product, applicable UK VAT, and your chosen delivery charges. We enforce a strict policy against hidden add-ons or "drip pricing."

• VAT Exemption for Chronic Conditions: Because we supply sleep and respiratory equipment, many customers buying CPAP machines or masks are legally eligible for VAT Relief under UK law due to a chronic medical condition (such as Obstructive Sleep Apnoea). If you qualify, you must fill out the statutory VAT exemption declaration at checkout to remove the tax from eligible items. It is your legal responsibility to ensure this declaration is truthful.

Payment Methods and Timing

Payment must be authorized and is taken in full at the exact time you place your order. We accept major credit cards, debit cards, and secure online payment gateways as listed at checkout. Items will not be dispatched until clear funds are received.

Delivery and Timeframes

We will deliver the goods to the address you provide during checkout in accordance with the delivery tier selected.

• The 30-Day Rule: If no specific delivery date or custom lead time is explicitly agreed upon at the time of purchase, we are legally required to deliver all physical goods to you within a maximum of 30 days from the date of your contract confirmation.

• If a supply disruption occurs and we cannot deliver within this 30-day window, we will notify you immediately to agree on an extension, or you may choose to cancel your order for a full, immediate refund.

Consumer Right to Cancel (14-Day Cooling-Off Period)

If you are purchasing items as an individual consumer (not on behalf of a business), you have a statutory right to change your mind and cancel your contract under the Consumer Contracts Regulations 2013.

• The Cancellation Window: You have 14 calendar days to cancel your purchase without giving any reason. This 14-day window begins the day after you (or a third party designated by you) take physical possession of the items.

• How to Exercise This Right: To cancel, you must notify us of your decision via a clear, unambiguous statement before the 14 days expire. You can do this by emailing our Customer Care Team directly at support@s-med.co.uk.

Returns, Refunds, and Exchanges

⚠️ Critical Medical Hygiene Exception

In accordance with Regulation 28(3)(a) of the Consumer Contracts Regulations 2013, the statutory 14-day right to cancel does not apply to sealed goods that are unfit for return due to health protection or hygiene reasons if they become unsealed after delivery.

Because S-Med sells clinical respiratory items (including CPAP machines, masks, nasal cushions, tubing, and humidifiers), you completely lose your right to cancel or return these products if the protective plastic wrap, hygiene seals, or manufacturer boxes are broken or opened.

• Returns of Unopened Items: If your items remain 100% sealed, unopened, and in their pristine original packaging, you may return them within your 14-day cancellation window. You will be responsible for paying the direct courier costs to safely ship the items back to our warehouse.

• Processing Refunds: Once your unopened return is received and inspected by our warehouse team, we will process a full refund (including your original basic delivery charge) within 14 days. Refunds are strictly issued back to the original payment method used.

• Faulty, Damaged, or Incorrect Goods: Your purchase is protected by the Consumer Rights Act 2015. If any medical device arrives broken, visually damaged, or develops an inherent manufacturing fault during normal use, you are entitled to a remedy:

  • Within 30 Days of Delivery: You have a legal right to reject the item for an immediate full refund, a repair, or a direct replacement.

  • After 30 Days (Up to 6 Months): We have the statutory right to attempt a repair or provide a replacement unit first. If the repair fails or is impossible, you are then entitled to a full or partial refund.

  • Note: This policy strictly excludes faults caused by accidental damage, water drops, neglect, or setting up pressure settings contrary to a clinician's or manufacturer's formal guidelines.