Terms of Use

Terms of Use

Classic SleepCare, LLC ("CSC") maintains www.classicsleepcare.com and its related sites (collectively the "CSC site") for your personal information. Please feel free to browse, download from, talk back to, and otherwise use the site. At the same time, please remember that your access to the CSC site is subject to the following site rules (the "Rules") as well as all applicable laws. By accessing and using the CSC site, you accept the Rules without limitation or qualification, and acknowledge that any other agreements you may have with us are superseded by the Rules, to the extent any conflict exists. 

CSC may at any time revise these Rules by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Rules from time to time. 

CSC reserves the right, without notice and for any reason, to remove any content on this site, and to deny access of any user or users to all or any part of this site. 

Downloading

Unless otherwise specifically indicated, you may view and download material displayed on the CSC site for personal, non-commercial use only. You may NOT distribute, modify, transmit, use, or reuse any of the contents of the CSC site for any public or commercial purpose without the written consent of the CSC or any third party the CSC deems necessary. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the CSC site you make and distribute for any purpose must also include these Rules. 

Copyrights, Other Rights

You should assume that everything on the CSC site is copyrighted unless otherwise noted and that it must not be used except as provided in the Rules or with the express written consent of the CSC or any third party the CSC deems necessary. The CSC neither warrants nor represents that your use of the material displayed on the CSC site will not infringe rights of third parties. Any product, service, program, or technology described on the CSC site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) not owned by the CSC. Any such right that is not expressly licensed herein is reserved by CSC. 

Images of people or places displayed on the CSC site are either the property of, or used with permission by, the CSC. Use of these images by you or other third parties is prohibited unless expressly permitted in the Rules or elsewhere on the CSC site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes. 

Any product, service, program or technology described in any document published by the CSC on this site may be the subject of other intellectual property rights owned by the CSC. Any such right that is not expressly licensed hereunder is reserved by the CSC. 

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the CSC site are registered and unregistered Trademarks of the CSC and others. Nothing contained on the CSC site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the CSC site without the written permission of the CSC or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the CSC site is prohibited. The CSC aggressively enforces its intellectual property rights, including via civil and criminal proceedings. 

Classic SleepCare® Healthy Sleep, Beautiful Smiles®; CPAP Circle of Care®; Download on Demand®; and Experts In All Things CPAP® are registered trademarks of Classic SleepCare LLC.

Submissions

Apart from your personal information (which is addressed in the Privacy Policy), any communication or material you send to the CSC site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the CSC site may be used by CSC for any purpose including but not limited to reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to Classic SleepCare, you irrevocably transfer and assign to the CSC and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material. CSC is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the CSC site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services. 

By using this site, you may submit, or the CSC may gather, certain limited information about you and your usage of the site. Subject to the terms of the Privacy Policy, the CSC is free to use such information for any purpose it deems appropriate. This clause does not relate to the use of patient information the privacy of which is protected by Law. 

No Warranties

There is no warranty that any information or service provided or referenced by this site is either merchantable or accurate, that such information or service will fulfil any of your particular purposes or needs, or that such information or service does not infringe on any third party rights. Except for any express warranties stated on this site, if any, the information and services provided or referenced on this site are provided "as is" and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. 

That means that the CSC uses reasonable efforts to include accurate and up-to-date information on the CSC site, the CSC makes no warranties or representations as to its accuracy. The CSC may periodically add, change, or improve any of the information, products, services, programs, and technology described on the CSC site without notice. The CSC assumes no liability or responsibility for any errors or omissions in the content of the CSC site. 

In fact, your use of the CSC site is at your own risk. Neither the CSC nor any other party involved in creating, producing, or delivering the CSC site is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, the CSC site. For example, the CSC assumes no responsibility for, and will not be liable for any damages to or any viruses which may affect your computer equipment or other property on account of your access to, use of, or downloading from, the CSC site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. 

Links

The CSC has not reviewed all of the sites which are linked to the CSC site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. The CSC is not responsible for the contents of any site linked to the CSC site; your connection to any such linked site is at your own risk. 

Closing

The Rules will be governed by and construed under the laws of the United States of America, excluding only its conflict of law provisions. Each party to the CSC site Rules hereby submits to the exclusive jurisdiction of the courts within the United States of America, and waives any jurisdictional venue or inconvenient forum objections to such courts. 

Any failure by CSC to enforce any of its rights under the Rules or applicable laws shall not constitute a waiver of such right. If any provision of the Rules is found by a court of competent jurisdiction to be invalid, you, the CSC and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Rules provisions shall retain their full force and effect. 

Please also read over the CSC site Privacy Policy. If you have any questions, comments, criticisms, or complaints about the CSC website, please feel free to email us


Classic SleepShop - Terms & Conditions of Use

Last Revised: October 1st, 2013

Welcome to shop.classicsleepcare.com. Your use of this website constitutes your agreement to follow and be bound by these Terms of Use ("Terms"). We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review these Terms whenever you visit our website.

Product Display and Information

We attempt to display the products featured on our website as accurately as possible. However, we cannot guarantee all detail will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color or availability. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices are quoted in U.S Dollars and are valid only in the United States. We reserve the right to change pricing at any time.

Site Transactions

We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed.

All transactions are governed by the policies published at the date of the transaction including these Terms & Conditions of Use. As at the date of this revision of the Terms & Conditions of Use of the shop.classicsleepcare.com site, these policies include Refunds & Returns, Shipping and Warranty Claims.

Site Contents

Unless otherwise noted, all materials on this website, including text, images, illustrations, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials ("Content") are owned, controlled or licensed by Classic SleepCare LLC. Content is provided solely for your personal, non-commercial use. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.

User-Generated Content

We do not claim ownership to any content, including text, images, illustrations, icons, photographs and other materials, you submit or make available through this website (hereinafter "user-generated content"). All user-generated content posted, submitted or otherwise transmitted to this website remains the sole responsibility of the person who originated such content. We do not and will not monitor or control user-generated content posted, submitted or otherwise transmitted to this website and take no responsibility for such content.

With respect to any user-generated content submitted or made available for inclusion on this website, you grant Classic SleepCare LLC, a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content. You hereby represent, warrant and covenant that any user-generated content you provide does not include anything to which you do not have the full right to grant the license stated above.

Copyright Infringement Policy

We respect the intellectual property rights of others and expect our users to do the same. We do not permit copyright infringing activities on this website and will, if properly notified, expeditiously remove or disable access to infringing content from this website. We reserve the right to remove or disable access to content without prior notice.

In accordance with the Digital Millennium Copyright Act (DMCA), we will expeditiously respond to notices of alleged infringements that are reported to Classic SleepCare LLC's Designated Copyright Agent (see Section 512(c)(3) of the DMCA or seek the assistance of counsel).

To file a copyright infringement notification with us, you will need to send a written communication that includes the following Notice and deliver it to our Designated Copyright Agent (Please note, the information provided in this Notice may be forwarded to the person who supplied the allegedly infringing content):

Notice of Copyright Infringement:

  • Identify the copyrighted work that you claim has been infringed, or-if multiple copyrighted works are covered by this Notice-you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material you claim is infringing (the subject of infringing activity) and that access to which is to be disabled, including at a minimum the URL from the website page where such material may be found.
  • Provide information reasonably sufficient to permit us to contact you, or your authorized agent, including a name, address, telephone number and, if available, an email address.
  • Include both of the following statements in the body of the Notice:
    1. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    2. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • Provide your full legal name and your electronic or physical signature, or a physical or electronic signature of a person authorized to act on your behalf.

Deliver this Notice, with all items completed, to our Quality & Compliance Officer who is our Designated Copyright Agent for the purposes of the DMCA:

Quality & Compliance Officer
Classic SleepCare LLC
30851 Agoura Road, Ste 202
Agoura Hills CA 91301
E: quality@classicsleepcare.com

Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity (content) is infringing may be subject to liability for damages.

Comments, Suggestions and Submissions

Any comments, suggestions, ideas, submissions or other communications submitted or offered to us ("Submissions") will be and remain the property of Classic SleepCare LLC. Submissions, whether via email, postal mail, or otherwise, will constitute an assignment to Classic SleepCare LLC of all worldwide rights, title and interest to all intellectual property rights in such Submissions. We will be entitled to use, reproduce, disclose, publish and distribute Submissions (or any part thereof, in edited or modified form) for any purpose whatsoever, without compensation to you. You agree that: Submissions will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; Submissions will not contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website.

Links to Other Websites

This website may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience. We have no control over or responsibility for third party websites that you use at your own risk.

Disclaimer

This website and Content are provided on an "as is" basis without warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We disclaim any duty to update or revise Content although we may modify Content at any time without prior notice. Your use of this website is at your sole risk and you assume full responsibility for any associated costs. We will not be liable for damages of any kind related to or arising out of your use of this website.

Indemnification

You agree to defend, indemnify, and hold Classic SleepCare LLC (including its officers, directors, employees and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, related to or arising out of your use of the website and/or your breach of the Terms.

Dispute Resolution, Choice of Law and Forum

In the event of any claim, action or dispute related to or arising out of any shop.classicsleepcare.com transaction, your use of this website, or the breach, interpretation or validity of the Terms, ("Dispute"), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute.

If to Classic SleepCare LLC., notice will be sent to Classic SleepCare LLC., Attention: VP Operations, 30851 Agoura Rd, Ste 202 Agoura Hills CA 91301. If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and Classic SleepCare LLC. agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this website or the Terms will be resolved only by state or federal courts located in Los Angeles County, California. The Terms will be construed in accordance with the laws of the State of California, without regard to any conflict of laws provision.

Miscellaneous

Waiver of any of the Terms will not be deemed a waiver of any other Terms or of our right to require strict adherence to any Terms at any time. If any Terms are deemed unenforceable or invalid for any reason, that provision will be severable from remaining provisions, which will remain in full force and effect. These Terms constitute the entire agreement between us relating to your use of this website.

Shipping Policy

We only ship to addresses in the United States at this time. We are unable to ship to PO Boxes at this time. If a PO Box is entered into the shipping address field we will contact the buyer via email, or phone to update to a physical address. We use FedEx Home Delivery and USPS with order tracking and delivery confirmation. Delivery times range from 3 to 5 business days to the continental 48 states (but carriers do not guarantee a delivery time). Delivery to other US states and Territories may take up to an additional 1-4 days. The average delivery time for the lower 48 states is 3.2 business days. We cannot guarantee any delivery time for deliveries.

Expedited shipping at an additional cost for physical addresses (not PO Boxes) is also available. The shipping cost and ability to select expedited shipping is clearly shown during checkout. Orders for FedEx overnight air or two-day air placed, paid with all required documentation before 2pm PST will usually be shipped the same day.

Orders over $99.00 ship free by standard ground, regardless of the product mix contained in the order. Expedited shipping at an additional cost is also available. The shipping cost and ability to select expedited shipping is clearly shown during checkout.

Sales Tax

Sales tax is based on an order's "ship to" address.

Order Tracking

After you have completed check-out, look for a confirmation email from us. This will include all details of your order. We will send a follow-up email to confirm when the order ships. If your order is on hold waiting for a valid prescription, you will also receive an email and or phone call from us explaining the requirement.

You can also track the status of your order by logging in to and using the "My Account" function on our website.

Shipping Delays/Order Holds

As we only display products we hold in inventory for purchase, the most common delay in shipping orders is the requirement for a valid prescription. Federal law mandates that any order that includes a CPAP machine, mask or humidifier requires a prescription. We strictly comply with this requirement and will hold orders until we receive a valid prescription. We try to make this process easy for you. Your options are:

You can ask us to request your prescription from your doctor for you (check the option during checkout while placing your order - please make sure to provide your doctors contact details).

Damaged Goods

If merchandise was damaged during shipping, please save the original packaging and immediately notify our Customer Service Department at 1-888-447-4786 during regular business hours, Monday through Saturday from 7 a.m. to 6 p.m. PST or email shop@classicsleepcare.com

Cancelling an order

If you wish to cancel your order after placing it either by phone or via the website, please call our sales team toll free on 1-888-447-4786. If the order has not shipped it can be cancelled at no cost to you. If the order has shipped return is then subject to our Refunds & Returns Policy.

Returns

We accept returns on all UNOPENED products received back within 30 days of the original ship date. The 30-day window starts from the day we ship your order to you (the day it leaves our warehouse) to the day it is received back by us in our warehouse. The time it takes the package to get to you and get back to us is counted. This means that if you buy something from us and want to return it so that it is received by us within thirty (30) days of purchase you are free to do so, so long as the package is UNOPENED. For warranty returns, please see our Warranty Claims Policy.

IF YOU USE THE RETURN SHIPPING LABEL WE PROVIDE with your shipment and your return is received within 30 days of the original ship date you will be charged $9.50 for the return shipping and that amount will be deducted from your refund.

You may choose to ship the return to us by some other means (to return it more expeditiously or if you have lost the return shipping label we provided you). You will be responsible for the cost incurred in doing so. If you choose this option, please ship to:

Classic SleepCare LLC
Classic SleepShop Returns Dept
30851 Agoura Rd, Ste 202
Agoura Hills CA 91301

Refunds

Refunds can only be made to the card or bank account that funded the original purchase. There are no refunds for shipping and handling charges. Refunds will only be issued after the return has been inspected and processed. Our commitment is to complete this process within five (5) business days of receipt. Note that the time it takes for the refund to process through to your card or account after we submit the credit is subject to your bank or credit card company's internal processes.

No Refunds on Opened Products

Because of concerns about potential contamination, products that have been opened cannot be returned except in cases of a warranty claim. This includes machines and humidifiers, even though a machine shows zero hours of use.

Products that have been opened that are returned (except as a warranty claim) will not be eligible for a refund and will be destroyed (we will not return ship). We shall have no liability to provide a refund for any opened product returned under any circumstances.

If you return a mix of products that have been opened and products that have not been opened we will provide you a refund for only the unopened products returned. Please note that all returns of opened products not eligible for return will be photographed and documented in case of a future dispute. We guard our relationship with our bank and credit card processing company very seriously and work very diligently to ensure we do not incur any credit card charge-backs.

Restocking Fees

We may elect at our sole discretion to accept returns of unopened products thirty-one (31) days or more after the original ship date. Such returns so accepted will incur a 15% restocking fee in addition to return freight charges if you use the return freight label we supplied with the original order. This fee will be deducted from your refund. In no circumstances will any return be accepted more than ninety (90) days after the original shipment date, unless the return is a warranty related Transcend machine purchase.

Disputes

In case of dispute please call 1-888-447-4786 and ask to speak with a Classic SleepShop Sales agent. Or email us at shop@classicsleepcare.com. We will do everything we can within our policies to ensure that you are happy with your relationship with us. We will be happy to provide the photographic evidence and other documentation of returned opened merchandise to you (the same information that we will use to dispute any potential credit card charge back), if you request.

Warranty Claims

We will accept returns on opened merchandise that you have purchased from us that has a manufacturing defect subject to goods being returned within thirty (30) days of purchase. Please include a note explaining the manufacturing defect. If there is no note of explanation, the package will be processed as an opened return and will not be eligible for a refund. Otherwise the return will be processed for a refund per our Refunds & Returns Policy.

An exception to the above rule requiring return within thirty (30) days applies to Transcend machines. Your Transcend machine is covered by a manufacturers warranty for two years from the date of purchase. If your machine becomes unserviceable within the warranty period please call us. Our staff are very experienced at diagnosing problems over the phone. If after talking with you we believe the machine is unserviceable we will ask you to ship the machine back to us. You will be responsible for the cost of shipping. On receipt our technicians will check the unit and if we confirm it is unserviceable, we will immediately send you a new machine (the same model, or if the machine has been superseded, the new model that replaces the unit you previously purchased.) The new machine will be set to your prescription on file. We will make the claim with the manufacturer for the defective unit.

We will free-ship the replacement unit to you by FedEx Home (3-8 days delivery depending on the state you live in). If you want expedited delivery (FedEx overnight, or 2 day delivery), please be sure to tell the patient services representative handling the warrant return or email us or call us toll-free on 1-888-447-4786 and we will take payment for the expedited shipping cost of the new unit. Please see our Shipping Policy for details of the costs for expedited shipping.

The return address for machine warranty claims is:
Classic SleepCare LLC
Classic SleepShop Warranty Returns Dept
30851 Agoura Rd, Ste 202
Agoura Hills CA 91301