TERMS AND CONDITIONS
GENERAL TERMS OF SALE
1. SCOP - DOMENIUL DE APLICARE
These terms apply to orders placed by customers in Romania (hereinafter referred to as "Customers") with the company OXIGEN ASIST SRL, VAT ID: RO28304441, registered at the Trade Registry J2011004176400, headquartered in Bucharest, Sector 2, Dacia Boulevard, no. 153-155, 1st floor, with operational office in Prahova County, Paulesti Commune, Paulesti Village, Roua Street, no. 9 ("Seller," hereinafter referred to as OXIGEN ASIST), through the website www.cpapshop.ro, hereinafter referred to as "the website."
These Terms of Sale are accessible at any time on the website www.cpapshop.ro and prevail, as applicable, over any other version or any contradictory document. The Customer reads and accepts them by checking the box provided for this purpose before proceeding with the online ordering process.
Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.
2. SOLD PRODUCTS - NOTICE AND CONDITIONS
OXIGEN ASIST offers medical devices for sleep apnea treatment, specifically CPAP machines, accessories, masks, and consumables.
OXIGEN ASIST also sells polygraph materials, but exclusively to healthcare professionals with the necessary skills and ongoing training to correctly use these materials for screening. All devices sold on the www.cpapshop.ro website comply with Romanian regulations in force and are certified by an independent EU body before being placed on the market. Only compliant products are sold. CPAP devices are delivered with the default manufacturer settings or as per the medical recommendation obtained by the Customer.
a) Initial Information - Warning and Precautions
As these are medical devices, selecting the type of CPAP device should be done following a medical prescription from a specialist. The choice of the product is made by the Customer at their own responsibility. To understand the properties and specificities of CPAP devices, it is recommended to have a prior discussion with a representative of OXIGEN ASIST SRL. We reserve the right to contact the customer via phone or email for additional information or clarifications before processing the order.
b) For CPAP medical devices, the Customer particularly agrees to:
• Read the instructions for use and the product leaflet;
• Follow the medical prescription and use the device accordingly. Any changes to the therapeutic settings prescribed by the doctor will be at the Customer's own risk;
• Attend specialist medical appointments to ensure the medical monitoring and treatment are tailored to the Customer’s needs;
• Adhere to the maintenance rules found in the Patient Manual that accompanies the purchased device.
c) Polygraphs
The sale of these devices is intended exclusively for healthcare professionals. No order will be accepted without mentioning details of the professional (qualification, clinic, etc.).
d) General Information
Users of a medical device or a third party aware of an incident or risk involving a device that caused or could lead to death or serious deterioration in the medical condition of a patient, user, or third party must immediately report it to ANMDM for the safety of healthcare product users.
The user is obliged to inform OXIGEN ASIST immediately of any difficulties encountered and to follow the usage instructions, adhering to the user manual and medical recommendation limits.
The user must ensure the periodic maintenance of the device according to the user manual. The sale of CPAP devices is not covered by health insurance at this time.
3. DEFINITIONS
The following words or expressions will have the following meanings:
Website: Refers to the site www.cpapshop.ro, where products are presented and sold to customers.
Order: Refers to the sales contract concluded between OXIGEN ASIST and the customer;
Commercial Invoice/Proforma: Refers to the product information communicated or accessible via the Website, before or after the Order;
Patient Manual: Refers to the necessary information for using CPAP devices or their accessories by the Customer;
Products: Refers to all the equipment and accessories sold by OXIGEN ASIST through its website.
Transaction: Refers to all operations, secured processes, authorizations, and contracts relating to the payment of the price of the ordered products.
4. ORDER
Product offers are valid as long as they are visible on the site, within the limits of available stock.
The products sold are intended for personal use by the customers or their relatives, excluding any commercial activity.
The order placed by the Customer on the website must include a reference note to a valid medical prescription; the seller is not responsible for verifying the validity of the mentioned prescriptions. It is the Customer’s responsibility to ensure that the ordered products meet their needs and correspond to the medical prescription they are using. The sale will be considered final only after the dispatch of the order confirmation by the Seller to the Buyer via email or other available communication means, and after receipt of the final price. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately. Any order placed on the Website constitutes a distance contract between the Customer and the Seller. The Customer will be informed about the progress of the order and the delivery of the ordered product by mutually agreed means. OXIGEN ASIST will confirm the Customer's acceptance of their Order with the information provided by the Customer. The sale is concluded either on the date of receipt of the Order confirmation or upon the Customer's payment. The Customer is encouraged to check the order details and products upon receipt from the courier service.
5. PAYMENT METHODS
a) Cash payment
You can pay in cash, exclusively in Romanian Lei, both for purchases from www.cpapshop.ro and in our physical stores, as follows:
• By cash on delivery to the courier, upon the delivery of products ordered on www.cpapshop.ro;
• In-store, including for products reserved by phone and chosen for personal pickup. As an individual, you cannot make a cash payment of more than 5,000 Lei for a single transaction. In the case of legal entities, the limit is 1,000 Lei.
b) By bank card
You can pay with any bank card issued under the Visa (Visa and Visa Electron) or Mastercard (Mastercard and Maestro) logos, both on www.cpapshop.ro and in our stores.
Payment processing is done through the payment processor MobilPay and benefits from the 3D Secure security protocol, verified by Visa and Mastercard Secure Code. All payments are processed by the authorized card payment security integrator.
All online payments by card through www.cpapshop.ro are secure. We do not have access to your card details and will never ask for them. For online card payments, Oxigen Asist SRL, owner of the online store CpapShop.ro, does not charge any additional fees.
c) Installments without interest, using a credit card
If you own a credit card, you can purchase in interest-free installments on www.cpapshop.ro.
When buying from www.cpapshop.ro and choosing this payment method, select the card payment option, and you will be redirected to our partner NETOPIA Payments’ platform for payment processing. Depending on the bank issuing your credit card (StarBT, Alpha Bank, Garanti Bank, Card Avantaj, Raiffeisen Bank, BRD), you can select the number of installments directly from the NETOPIA Payments platform.
Check here for the latest offers available to our customers.
6. DELIVERY
After confirming the order and the product prices, they will be shipped to the address indicated in the Order within 1-3 working days.
Orders are sent via Fan Courier or Sameday Courier. For an order valued below 500 Lei (including VAT), the shipping fee is 20 Lei (including VAT). For deliveries outside the standard delivery area, an additional delivery charge will be applied based on the price provided by the courier company. The additional cost will be communicated to the customer by phone/email/SMS, and the order will not be completed without the customer’s acceptance. To check for possible extra costs, visit:
• Fan Courier - https://www.fancourier.ro/acoperire/
• Sameday Courier - https://sameday.ro/news/r/
The Seller undertakes to make every effort to deliver the products ordered by the Customer within the time frame mentioned above. However, if the ordered products are not delivered within 14 days from the established delivery date, for any reason other than force majeure or the Customer’s fault, the sale can be canceled. The amounts paid by the Customer will then be refunded within no more than fourteen days from the date of contract termination, excluding any compensation or deductions.
Except in special cases or unavailability of one or more Products, the ordered products will be delivered simultaneously.
Goods are transported at the Seller’s risk, who may file claims with the carrier in case of loss or damage during transit.
Before accepting the products upon delivery by the courier, we recommend checking the number of packages and the condition of the products. Report any issue strictly according to the instructions mentioned to make a claim, under the sanction of being unable to benefit from it.
Please notify us as soon as possible via email regarding any damage and/or claims at contact@cpapshop.ro, confirming the damage according to the provided guidelines.
7. WITHDRAWAL - APPLICABLE ONLY TO CONSUMER CUSTOMERS
The customer, having the status of a consumer, has a period of 14 days from the receipt of the ordered Products to return them to the Seller for an exchange or refund, without having to justify the request and without penalties, costs, or return fees.
This 14-day period starts from the receipt of the ordered products. If the 14-day period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.
The customer who wishes to withdraw must return the products in their original packaging, in perfect condition, without any damage, accompanied by all accessories, user manuals, documents, and a copy of the invoice to the following address:
OXIGEN ASIST SRL, Jud. Prahova, Com. Paulesti, Sat Paulesti, Str. Roua, nr. 9
Damaged, dirty, incomplete, or non-sterile products are not accepted for return.
The right of withdrawal can only be exercised online using the contact form or by email at contact@cpapshop.ro, attaching a copy of the invoice or the purchase contract and mentioning the date of receipt of the products in question.
In this case, the Seller will promptly send the Customer an acknowledgment of receipt via email.
The return costs are the responsibility of the Customer.
An exchange (depending on availability) or refund will be made within a maximum of 14 days from the Seller's receipt of the Products returned by the Customer under the conditions specified in this article.
The Seller will refund the amounts paid by the customer within a maximum of 30 days from the return.
According to Art.16, lit. e) Exceptions to the right of withdrawal include the "supply of sealed products that cannot be returned for health or hygiene reasons and which have been unsealed by the consumer." This includes products that have already been used (as determined by the customer's unsealing of the product) and which, after a single use, become unusable by other individuals due to their non-transferable and personal nature, for example: any items that come into contact with body fluids, etc. These products are not accepted for return.
8. PRICE
The price of the Product sold is displayed on the Site in LEI, inclusive of taxes, excluding shipping costs, which are calculated separately during the order process as applicable.
The price quoted at the end of the ordering process and in the order confirmation is the final price expressed, including all taxes and shipping costs.
9. PAYMENT - TRANSFER OR OWNERSHIP
The price of the Products is paid in cash to FAN Courier or Sameday Courier, transmitted to Oxigen Asist SRL through a cash-on-delivery collection account.
The order validated by the client is considered final only after confirmation of the transaction in the collection account.
In the case of payment by direct bank transfer from the Client to Oxigen Asist SRL's bank account, payment must be made in advance, and delivery will occur upon confirmation of receipt of the transfer.
In the case of online card payment, the amount is blocked by the payment processor, and the payment is considered finalized after the buyer receives the package.
The transfer of ownership of the Products from the Seller to the Client will be completed after full payment of the price by the latter, regardless of the delivery date of the respective Products.
Regardless of the transfer date of ownership of the products, the risk of loss and damage will only transfer when the Client physically takes possession of the products.
Therefore, the Products travel at the Seller’s risk, except when the Client has requested a specific delivery method or another courier service other than those contracted by Oxigen Asist SRL.
10. LIABILITY
The Seller cannot be held liable for any damages of any kind, whether physical or non-physical, that may result from a malfunction or improper use of the products sold. The same applies to any modifications to the products, except those made by the manufacturers.
The Seller's liability will, in any case, be limited to the value of the order and cannot be blamed for simple errors or omissions that may occur despite all precautions taken in presenting the products. In the event of difficulties in the implementation of this contract, the client or the Seller reserves the possibility, before taking any legal action, to seek an amicable solution.
Otherwise, actions can be taken in accordance with Romanian jurisdiction.
11. WARRANTY - COMPLIANCE
The products sold comply with the information available in the technical sheets and with Romanian regulations in force for the outpatient use of CPAP devices.
The products provided by the Seller fully meet the legal provisions regarding:
• The legal warranty of conformity for products that are visibly defective, damaged, or that do not match the order.
• The legal warranty against hidden defects resulting from a material, design, or manufacturing flaw that affects the delivered products, rendering them unfit for use.
The Seller will refund, replace, or repair Products or parts deemed non-compliant or defective.
If applicable, shipping costs will be refunded based on the invoiced rate, and shipping costs will be reimbursed to Clients upon presentation of receipts.
Refunds for defective or non-compliant products will be processed as quickly as possible, up to a maximum of 14 days from the time of discovery. The Seller will refund the Client the amount corresponding to the defect up to the total amount of the products refunded.
The Seller's liability will not be assumed in the following cases: misuse, professional use, negligence in maintenance, failure to follow the user manual, or in case of normal wear and tear of the product, accidents, or force majeure.
Any special use requested by the Client must be the subject of a written request sent to the Seller via the contact form before placing the order, to which the Seller undertakes to respond within a maximum of 20 days.
Failure to respond to a special use request implies the rejection of the request.
The Seller does not offer any additional commercial warranty beyond the commitments made by the manufacturers and provides usage instructions in Romanian.
Conditions for Accepting Claims / Warranties:
No intervention on medical devices should be carried out except by an authorized company.
No claims will be accepted for any defect or malfunction resulting from failure to comply with usage and maintenance instructions, damage, or shock caused by the Client.
If a device has a defect or malfunction during the legal or commercial warranty period, please contact us by phone at 0720008891 / 0733608053 or by email at contact@cpapshop.ro to describe the defect or malfunction.
Upon receiving the complaint, OXIGEN ASIST will inform the client within 72 hours of the result of their complaint, confirm the solution, and commit to the shortest possible delivery time back to the Client.
The Client cannot claim compensation for loss of usage time but may request a replacement device if applicable.
All returns must be made in the original packaging or suitable packaging of the same type and quality.
In case of an exchange, the replacement device becomes the property of the Client, and the returned device becomes the property of the Seller.
The residual warranty period granted to the claimed device will then apply to the replacement device.
The remaining commercial warranty period is extended by the immobilization period of a device repaired under warranty.
12. LEGAL INFORMATION
The personal information collected on the site to register orders, necessary for order processing, complies with the provisions of Regulation (EU) 2016/679 of April 27, 2016, regarding the protection of individuals or legal entities concerning the processing of personal data. For further details, please refer to the Privacy section (GDPR).
The website www.cpapshop.ro uses cookies intended to store information that can identify your device while browsing the Site to facilitate your browsing experience. Only the issuer of a cookie can read or modify the information contained in it.
You may allow or refuse the recording of cookies on your device with the appropriate settings of your Internet browser. In this regard, we invite you to consult advice on the use of these parameters. You can also allow or refuse the recording of cookies on your terminal (but in the latter case, you will not be able to place an order on the site) by configuring your browser for this purpose.
13. INTELLECTUAL PROPERTY
The content of the Site is the property of the Seller and its partners or suppliers and is protected by Romanian and international laws regarding intellectual property.
Any total or partial reproduction of this content without the consent of Oxigen Asist is prohibited and may constitute a criminal offense.
The Seller retains ownership of all intellectual property rights over photos, presentations, studies, designs, models, prototypes, etc., created (even at the Client's request) for the provision of Services to the Client. Therefore, the Client is prohibited from reproducing or exploiting these studies, designs, models, prototypes, etc., without the express written consent of the Seller.
14. DISPUTES
These general terms of sale are subject to Romanian law.
Any disputes that may arise from purchase and sale transactions concluded under these general terms of sale, concerning their validity, interpretation, execution, annulment, and consequences, will be resolved between the Seller and the Client and will be submitted to the competent courts under the provisions of common law.
The Client is informed that they may use, in any case, conventional mediation as a means of dispute resolution.