Terms of Sale

MESORAM.com is the online division of PromaMedical GmbH, Wernher-von-Braun-Straße10, 85640 Putzbrunn - Munich, Germany.
The following terms and conditions (the "Terms of Sale") related to the services and sales as between the MESORAM.com authorized wholesaler for medical devices under the law of Germany and you (the "Customer") of the products and services (the "Products") offered for sale by PromaMedical GmbH.
By accepting delivery of the Products described on a purchase order (an "Order"), the Customer agrees to be bound by and accepts the Terms of Sale.

1. Orders; Prices; Payment Terms; Interest. Orders are not binding upon MESORAM.com until accepted in writing. The prices for the Products shall be as specified by the and as set forth in MESORAM.com`s website as at the time of acceptance of an order by MESORAM.com. Prices for Products shall be subject to change without further notice. Credit terms are at the discretion and as specified by PromaMedical GmbH and implemented by MESORAM.com and unless otherwise specified in writing, payment must be received by MESORAM.com prior to acceptance of an order. Payment for the Order may be made by a credit card accepted by MESORAM.com wire transfer, or payment through PayPal. If credit terms have been agreed to by MESORAM.com invoices are due and payable within fourteen days after the date of the invoice. The Customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum.

2. Shipping Charges; Taxes. Charges for shipping and handling will be shown on the invoice(s). The Customer is responsible for services tax, sales and all other taxes associated with the Order, however designated, as required by the jurisdiction of the sale. If applicable, a separate charge for taxes will be shown on MESORAM.com´s invoice.

3. Shipping. Delivery of the Product to the Customer takes place when the product leaves the Warehouse. PromaMedical GmbH will arrange shipping of the product to the Customer's home address. Normally, the Customer's product shipment takes an average of 10 to 14 days to arrive. In the event that the Customer's shipment is delayed past 28 days, and upon notice from the Customer, MESORAM.com will arrange to replace the delayed shipment, and PromaMedical GmbH will re-deliver and re-ship the product to the Customer at no additional cost. MESORAM.com is not liable for any damage to the Customer due to delay in shipment or failure of the product to arrive within 28 days.

4. Warranties. The manufacturer of each product is solely responsible for any warranty associated with a product. To the maximum extent permitted by law, MESORAM.COM disclaims any warranties and conditions, express or implied, in respect of the products and services contemplated by these terms of sale, including, without limitation, implied warranties and conditions of merchantability and fitness for a particular purpose. Responsibility for claims in respect of the products is limited to replacement of the product.

5. Privacy Policy. The Customer shall fully and accurately disclose their personal information and consent to its use by MESORAM.com. By submitting an Order to MESORAM.com the Customer consents to the collection and use of personal information as described in our Privacy Policy published on the MESORAM.com website. MESORAM.com reserves the right to amend its Privacy Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Privacy Policy each time it submits an Order.

6. Return policy. MESORAM.com offers a 14-day return policy with the exception of sterile medical devices. Please read the returns policy for full details. MESORAM.com reserves the right to change the return policy from time to time by posting the updated policy on the website. The customer agrees to review the return policy with each order.

7. Recall Policy.We offer a Recall Policy. Please refer to the Recall Policy for complete details. MESORAM.com reserves the right to amend its Recall Policy from time to time by posting the updated policy on its website. The Customer agrees to review the Recall Policy each time it submits an Order.

8. Products and Services. MESORAM.com may revise and discontinue the Products and Services displayed on the website at any time without prior notice.

9. Exports. It is important to note that not all of the MESORAM.com's services shown on the website are available in all provinces in North America or in jurisdictions outside of North America. The Food and Drug Administration has taken the position that virtually all shipments of medical devices class IIa imported from an international wholesaler by a United States customer will violate United States law. By placing an Order for product or services, the Customer represents to MESORAM.com and PromaMedical GmbH that sale, delivery and shipment of the Products will not violate any import, export or other law or regulation in the Customer's home jurisdiction.

10. Imports/Customs

    It is important to note, that each customer is responsible for the importation of the goods to the United States of America or Canada. All shipments are properly declared and are due to customs inspections. Customers have to obey  the relevant customs regulations and are responsible for eligible customs fees. Please see the website of the final destination country for customs regulations.

    For U.S.:              http://www.cbp.gov
    For CDN:             http://www.cbsa-asfc.gc.ca

11. Entire Agreement. The Customer agrees that these Terms of Sale and any document incorporated by reference or referred to herein constitute the entire agreement between the Customer, MESORAM.com and PromaMedical GmbH pertaining to the subject-matter of these Terms of Sale, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between the Customer, MESORAM.com and PromaMedical GmbH. In the event of a conflict between these Terms of Sale and any of the documents incorporated by reference or referred to herein, these Terms of Sale shall govern.

12. Severability. The invalidity or unenforceability of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable.

13. Headings. The section headings used herein are for convenience of reference only and do not form a part of these Terms of Sale, and no construction or inference shall be derived therefrom.

14. Force Majeure. MESORAM.com shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, delays due to backorders of requested products, mail delays, customs delays, lost shipments. MESORAM.com shall not be responsible to notify the Customer in the event of such delays. The Customer shall be solely responsible to make other arrangements to purchase alternative products and any costs incurred in connection with such purchases.

15. Governing Law. The Customer understands that MESORAM.com and PromaMedical GmbH is a German business registered in Munich, Germany and that the Customer is purchasing medical devices that have been approved for sale in the jurisdiction of PromaMedical GmbH. Title to the Customer's medications passes from PromaMedical GmbH to the Customer when the Customer's medical devices leave the Warehouse. All agreements reached or contracts formed with the Wholesaler shall be deemed to have been made in the jurisdiction where the sale takes place and the laws of that jurisdiction shall have sole and exclusive jurisdiction over any dispute arising between the Customer and PromaMedical GmbH. All disputes with MESORAM.com shall be resolved by reference to German laws.

16. Knowledge and Consent. By placing an order with MESORAM.com the Customer has read and understands the terms and conditions as set out herein. The Customer represents that he/she consents to the Terms of Sale, and does so with full knowledge and without undue influence or duress. The Customer acknowledges that the Terms of Sale are readily accessible on a 24-hour basis from MESORAM.com's website and shall be provided to the Customer in hard copy format upon request at any time. The Customer acknowledges having had every opportunity to obtain independent legal advice with respect to the Terms of Sale.

    Last updated: 22.02.2024