Terms of service

By consenting to Westend Medical Supplies’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at https://westendmedicalsupplies.com/pages/about-us for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://westendmedicalsupplies.com/#:~:text=Refund%20Policy-,Terms%20Of%20Service,-Customer%20Support to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing Westend Medical Supplies products or services, you agree that any controversy, claim, action, or dispute between you and Westend Medical Supplies arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Westend Medical Supplies’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Tarrant County, Fort Worth, Texas, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the [State], without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Westend Medical Supplies's products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 420 Throckmorton Street, Suite 200, Fort Worth Texas 76102. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Westend Medical Supplies. You are responsible for ensuring Westend Medical Supplies’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and Westend Medical Supplies agree that you may bring or participate in Claims against Westend Medical Supplies only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Westend Medical Supplies agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

TERMS OF USE:

Agreement to Abide by All Applicable Laws:

By using this website, you agree to comply with all local, provincial, state, and federal laws, statutes and regulations that relate in any manner to the use of this website and associated services and/or products contained thereon.

Purchases:

All orders are paid in full prior to shipping. 

Fraudulent Charge Alert:

If an order is flagged as a potentially fraudulent order, we are required to obtain proof that the card used for the transaction is in the possession of the customer and stolen information is not being used. 

An email will be sent to the address provided at check out requesting verification of order. Proof will include a screen shot of the card with the card holder's name and the LAST FOUR DIGITS only of the card visible. 

Orders will not be processed without this verification. Failure to respond to the email request will result in the order being cancelled and the transaction being refunded. 

We regret any inconvenience this may cause.  

Charge Backs:

Our company strives for excellent customer service for every customer, every day.

If for any reason you have encountered an issue with your order, you agree to contact our customer service department prior to filing a claim with your credit card company. If a chargeback is initiated without contacting our company, future orders may be cancelled.  

We regret any inconvenience this may cause.

Items Out of Stock:

If an item has unexpectedly sold out after the purchase has been completed, we will contact the customer via email or text and either refund the cost of the item or offer a substitution of equal or lesser value.

Complete Agreement:

These terms and conditions constitute the agreement between the customer and the company with respect to the use of this site, its policies, and content.

By placing your order, you agree with ALL OUR TERMS as well as our RETURNS and SHIPPING policies.

If for any reason you do NOT agree please DO NOT PURCHASE FROM US.

                                                                                                          We Thank You for your Cooperation