Terms & Conditions
Please review these policies carefully as they are the terms of sale that govern your purchases at the CALM. Store and App, operated by EMC Healthcare Co.,Ltd. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in stated in EMC Healthcare Co.,Ltd. product warranties. Your placement of an order at CALM. Store constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
1.0 About the Terms and Conditions
In these terms and conditions “we” and “us” mean EMC Healthcare Co.,Ltd. and “you” means you the customer, words spelled with initial capital letters are defined terms which, for your ease or reference, are set out at the end of the terms and conditions. These terms and conditions together with your Order constitute the entire Contract between us and you for the supply of products. No other terms and conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2.0 Sales to End Users Only
CALM. Store sells and ships products to end users only, only items that have been purchased directly from CALM. Store will share the same warranty services offered by EMC Healthcare Co.,Ltd. Products purchased through other retailers are subject to that retailers warranty coverage.
3.0 Placing your order
3.1 By placing an Order, you have made an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. Upon making your purchase and completing the “Checkout” process using “Stripe”, you have accepted the terms set forth by the Terms and Conditions.
3.2 The information contained on CALM. Website constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
4.0 Supply of Your Products
4.1 Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation via “Stripe”.
4.2 When your Order has been shipped, you will be able to see a tracking number on the order page.
5.0 Payment Method
5.1 Credit Card via Stripe Services
5.1.1 You may pay for your Products by the methods of payment as displayed on the payment section of the CALM. Website. At the time your order is placed, EMC Healthcare Co.,Ltd. obtains a pre-approval from the credit card company with Stripe Services for the amount of the order. Your Credit Card billing occurs when your order is being processed for shipping.
5.2 CALM. Store currently accepts Credit Cards accepted by Stripe (Visa, MasterCard, Diners Card, Discover Card & American Express)
5.3 You must pay the price payable in Japan Dollar as indicated on your Order Confirmation & in Stripe.
We accept credit cards issued by any banks globally as indicated under clause 5.2, but at the discretion of Stripe services.
CALM. Store purchases are subject to all local taxes, duties, import duties & VAT if applicable. Customers are required to pay these additional taxes when required by their country’s customs office. The final amount shown in the Order Confirmation are subjected to all local taxes, duties, import duties, VAT if applicable and any applicable shipping charges for Products purchased.
EMC Healthcare Co.,Ltd. reserves the right to change prices for products displayed at the CALM. Store at any time
8.0 Product Availability & Delivery of Your Products
8.1 Estimated ship time is the length of time it will take for your order to be processed and shipped from one of our warehouse. Your transaction made via Stripe will only be charged accordingly. We will process the orders based on “first come, first serve” basis.
8.2 Delivery time is the length of time it will take for the package to travel from our warehouse to your shipping address. It is estimated to take 10-25 business days for products to arrive upon the delivery out of our warehouse. This is an estimated time; actual time in transit will depend on the courier and customs’ clearances.
8.3 EMC Healthcare Co.,Ltd. endeavors to stay at the forefront of technological advancement. For this reason, EMC Healthcare Co.,Ltd. reserves the right to discontinue products without notice.
8.4 All orders will be processed on business days. Business days are Monday through Friday, excluding public holidays in Japan and China.
8.5 All products will be shipped via Standard Shipping Only
8.6 Please make sure you provide the correct shipping address and reachable phone number when placing your order.
8.7 Although additional service may may be offered in some countries, courier services will only deliver shipments during office hours from 9am to 5pm weekdays ONLY.
8.8 Customers will have to pay any applicable Tax according to Section 6
8.9 EMC Healthcare Co.,Ltd. will not be held liable if the courier is unable to deliver the order to the provided address. The customer will be responsible for any associated charges before EMC Healthcare Co.,Ltd. will re-ship an order. In the case of the courier losing the shipment, EMC Healthcare Co.,Ltd. will re-ship without additional charges.
8.10 Customers will be shown the tracking ID will be shown on the Order Page once the order has been shipped.
8.11 All Products are shipped out from our warehouse in Shenzhen, China. However, if necessary we may ship orders from one of our other warehouses.
8.12 EMC Healthcare Co.,Ltd. reserves the right to use any courier services to accomplish delivery and does not guarantee the use of any one particular courier.
9.0 Return and Refund
9.1 You have 7 days to return an UNOPENED item from the date you received your Product(s) from us. Due to the personal nature of CALM, items that are ineligible for return are i) Opened and used; ii) Damaged; iii) Tampered with in terms of software/ hardware
9.2 Only items that have been purchased directly from the CALM. Store can be returned to EMC Healthcare Co.,Ltd. CALM. products purchased through other retailers must be returned in accordance with their respective returns and refunds policy.
9.3 Freight charges are non-refundable. Products that are shipped on a freight collect basis will not be accepted.
9.4 Customers will be responsible for the shipping cost to the logistics center.
9.5 Once we received your item(s), a refund is initiated after the item(s) has been examined. Please note the refunded amount may be slightly different than originally paid, due to currency exchange rates fluctuations.
10.1 Customers may cancel their Order(s) for Product(s) within 24 hours of placing the order for any reason. EMC Healthcare Co.,Ltd. needs to receive written notice of cancellation prior to shipment of product(s), there will be no charges or fees assessed if the order has not been shipped.
10.2 In the event Order has been shipped, cancellation of a Product(s) is subject to additional charges and/or assessing fees.
10.3 Open box items cannot be returned. Freight charges are non-refundable. Products that are shipped on a freight collect basis will not be accepted.
10.4 When you place your order and wish to cancel your order, we will issue a refund to your credit card which should post within 10 business days.
10.6 EMC Healthcare Co.,Ltd. reserves the right, at our sole discretion, to refuse or cancel any order for any reason subject to Section 3.1 & Section 3.2
. Some situations that may result in your order being canceled include but are not limited to: i) Limitation of courier services to deliver outside of coverage areas; ii) Limitation on quantities available for purchase; iii) Inaccuracies or errors in product or pricing information; iv) Problems identified by our finance department together with Stripe.
10.7 EMC Healthcare Co.,Ltd. may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order(s) is cancelled or if additional information is required to accept your order.
11.0 Other Terms and Conditions
11.1 EMC Healthcare Co.,Ltd. is not responsible for typographic errors
11.2 No EMC Healthcare Co.,Ltd. employee or agent has the authority to vary any of the CALM. Store’s policies or the terms and conditions governing any sale.
11.3 EMC Healthcare Co.,Ltd. reserves the right to change the terms and conditions of sale at the CALM. Store at any time
11.4 EMC Healthcare Co.,Ltd. verifies correct pricing prior to delivery. Orders placed for goods based on incorrect prices mistakenly announced on the CALM. Store may be voidable by EMC Healthcare Co.,Ltd.
11.5 EMC Healthcare Co.,Ltd. reserves the right to cancel any order, whether accepted or not, in the event that EMC Healthcare Co.,Ltd. has reasonable grounds to believe you have or will breach these terms and conditions
12.0 Product Warranty
12.1 All new CALM. Sensors are entitled to a 1 year Limited Warranty against defects in materials and workmanship. You may review a copy of the Limited Warranty on new products, including its limitations and exclusions, before you purchase here
13.0 Limitation of Liability
13.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and performance of the Services and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law, or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
13.2 Nothing in the contract shall limit or exclude our liability of death, personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions.
14.1 The Contract will be governed by the laws of Japan. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that country.
14.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
14.3 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such terms. Such failure shall in no way affect the right later to enforce such terms.
14.4 We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfill or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstances beyond our reasonable control.
15.0 Defined Terms
In these terms and conditions:
“Accessory” means any ancillary Product;
“CALM. Branded Hardware” means Hardware that is manufactured by or on behalf of EMC Healthcare Co.,Ltd. and carries the CALM. Trademark;
“CALM. Store Website” means our website for customers Globally located at www.calm-health.com;
“CALM. Warranty” means EMC Healthcare Co.,Ltd. standard hardware warranty, the full terms of which are set out here
“Condition” means a condition contained in these terms and conditions;
“Contract” means these terms and conditions together with your Order;
“Hardware” means any Product which is not Software;
“Invoice” means the invoice issued by us or Stripe to you showing the price of the Products and which your proof of purchase is;
“Non-CALM.” means any Hardware that is not CALM. Branded Hardware;
“Order” means an order placed by you in accordance with these terms and conditions;
“Order Confirmation” means the order confirmation issued by us to you indicating acceptance of your Order;
“Order Form” means the electronic order form on the CALM. Store Website;
“Product” means any product listed on the CALM. Store Website which we agree to supply to you on these terms and conditions”
“Services” means any services relating to Products (including without limitation warranty) that we agree to supply to you on these terms and conditions;
“Software” means any software comprised in the Products including without limitations operating systems, bundled apps from EMC Healthcare Co.,Ltd.;
“Standard Shipping” refers to our preferred method of shipping. The actual carrier used will vary by destination country and EMC Healthcare Co.,Ltd. reserves the right to use any courier we deem fit to deliver the order;
“Working Day” means any day other than a Saturday, a Sunday, or a public holiday in Japan and China.
If you would like to read other terms, policies and disclaimers, please follow the link below: