Terms of Sale
TERMS OF SALE
11 May 2018
Thank you for choosing the Hailie™ solution by Adherium.
These Terms of Sale are effective as of 14 May 2018 and replace the earlier version of Terms of Sale dated 14 Jul 2017.
These Terms of Sale (Terms) govern all purchases of goods and services from us, Adherium (NZ) Limited, made via https://shop.smartinhaler.com or https://nz.hailie.com (Site). By placing an order via the Site, you agree to be bound by these Terms.
This Site is intended to support subscriptions by individual customers based in New Zealand and for personal use only. If you wish to order (i) in bulk, (ii) on behalf of an organisation, (iii) for research purposes or (iv) are based outside New Zealand, please contact our sales team at firstname.lastname@example.org.
Your use of the Hailie™ solution (previously Smartinhaler™ System) is subject to the Hailie™ solution Terms of Service (Terms of Service) available here. You agree to comply with the Terms of Service.
Any purchase or subscription via the Site is for personal use only and not for resale.
You warrant and represent that you are 18 or over and that the credit card used to make payment is issued in your name, and you are authorised to use that credit card.
We may need to update or change these Terms from time to time. If we do so, we will notify you of the change and if the change to the Terms is materially detrimental to you, you will have the chance to cancel your subscription.
NO SUBSTITUTE FOR MEDICAL ADVICE
The Hailie™ solution is an information tool only and is not a substitute for professional medical advice. Always consult with your healthcare professional before making any decisions about your health.
Any purchases you make as a consumer using the Site are covered by New Zealand Consumer Law which contains certain consumer rights that cannot be contracted out of and nothing in these Terms is intended to exclude, restrict or modify your consumer rights.
You can find more information about your rights at the New Zealand Consumer Affairs website www.consumeraffairs.govt.nz.
HAILIE™ SENSOR ORDER
To use the Hailie™ solution, you will need a Hailie™ sensor (Product) and a Hailie™ solution subscription (Subscription). The Product and Subscription are for personal use only. One Subscription supports multiple Hailie™ sensors. If you wish to buy a second Hailie™ sensor for your personal use and you already have an existing Subscription, you will only need to purchase the Hailie™ sensor.
All Products offered on this Site are subject to availability. Product and Subscription orders placed via the Site are binding on us only after we have: (i) received a confirmation of your order, (ii) received your payment and (iii) issued a confirmation of the order by email to the email address or message to the phone number provided by you. Please note that we reserve the right to decline any order. If we decline an order after you have paid us, we will refund you. If we accept an order, but your payment is subsequently rejected, we reserve the right to cancel your order.
While we have made every effort to display the colours and images of our Products on the Site as accurately as possible, we cannot guarantee that they will be displayed accurately on your computer monitor.
The Products have varying service life spans, which will depend on the type of Product (e.g. rechargeable or non-rechargeable), use patterns and environmental conditions. The estimated service life included in the Product features information on the Site is indicative only and certain variations may occur.
HAILIE™ SENSOR COMPATIBLE DEVICES
Our Products are compatible with most iOS and Android phone handsets and tablets. Without a compatible handset or tablet you will not be able to connect to your Product and you will not be able to transfer usage logs to the Hailie™ cloud server. It is your responsibility to ensure that you have a compatible handset or tablet before you select one of our Products under your Subscription.
HAILIE™ SOLUTION SUBSCRIPTION
For new customers, the Minimum Subscription Term is 12 months.
You can choose if you want to pay the Subscription fee monthly or annually in advance. If you choose the monthly option, we will charge your credit card monthly.
By purchasing a monthly or annual Subscription, you agree that at the end of the fixed 12-month Minimum Subscription Term, your Subscription will automatically renew and continue for successive monthly or annual periods, respectively, unless and until you cancel the Subscription.
SHIPPING AND DELIVERY
The Product will be shipped at your cost to the address indicated in your order. All shipments are priced for delivery to New Zealand addresses only.
Once we have confirmed the acceptance of your order we will deliver the Product within the estimated delivery dates. Please note that the dates are only estimates and we accept no liability for any delay in delivery.
Title and risk of loss pass to you upon delivery.
All prices or fees on the Site are in New Zealand dollars and include GST.
All credit card transactions are securely processed by Stripe New Zealand Limited, NZBN: 9429041687628.
We reserve the right to add or amend any Product price or Subscription fee at any time. If we amend a price after you have placed an order on this Site, you will be able to cancel the order.
Price or fee increases will only apply to orders placed after such changes. All applicable shipping costs, taxes and charges will be added to your merchandise total and will be itemised in your shopping cart and in your order confirmation email.
No Subscription fee increases will affect users during the fixed 12-month Subscription period described above.
We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
- This warranty is provided by Adherium (NZ) Limited (Adherium), Level 2, 204 Quay Street, Auckland 1010, New Zealand; telephone: +64 9 307 2771; email email@example.com. Adherium is the manufacturer of the Hailie™ sensor (Product) provided to you.
- Subject to the conditions and limitations set out below:
- Adherium warrants that the Product, when used in accordance with the instructions for use, shall be free from defects in workmanship and materials and will perform in accordance with Adherium’s Product Manual supplied with the Product for a period of 12 months from the date of delivery of the Product to you (Warranty Period); and
- where a defect in the Product is found to arise during the Warranty Period, the defective Product will be repaired or replaced with the same or an equivalent product or component at no cost to you.
- This warranty does not apply to the extent that a defect in the Product arises from or is contributed to by:
- failure to follow the instructions for use of the Product including any instructions in the Product Manual; or
- tampering, inappropriate repair or servicing, misuse, improper, unreasonable or abnormal use, abuse or accident causing damage to the Product including, without limitation, dropping the Product and any water damage resulting from condensation or immersion of the Product.
- This warranty is non-transferable.
- If you identify a defect in the Product during the Warranty Period, to make a claim under this warranty you must contact us at firstname.lastname@example.org within two (2) weeks of identifying the defect.
- If a return is required, we will provide you with a warranty claim ID number and you will need to return the Product to Adherium (NZ) Limited, PO Box 106612, Auckland City, Auckland 1143, New Zealand. As noted below, we will provide a credit if the warranty is found to apply to compensate you for shipping and loss of use of your Hailie™ sensor until it is replaced.
- If the Product is defective and the warranty applies, after receipt of the defective Product, we will, at our option, replace the defective Product with the same or an equivalent Product or component or repair the defective Product at no cost to you. We will also provide you with a two-month Subscription fee credit for each Product replaced or repaired and returned by us under warranty.
- The warranty period for any repaired Product does not extend beyond the Warranty Period. For example, for the 12-month Warranty Period, if the defective Product is repaired 9 months after delivery of the defective Product to you, the Warranty Period for the replacement Product will be 3 months. If the Product is replaced, it will be covered by a new Warranty Period.
- Your rights under this warranty are in addition to and do not in any way affect any other rights or remedies that you have under any law which relates to the Product.
If the Product you ordered does not match your prescribed inhaler, please let us know within two weeks of delivery of the Product by emailing us at email@example.com.
If we stock sensors for your prescribed inhaler, we will ship a matching sensor to you free of charge (shipping costs excluded), after receiving back the sensor you purchased in unused condition.
If we are unable to provide the Product for your prescribed inhaler type, we will refund your remaining Subscription that you have paid after receiving back the Product you purchased in unused condition.
If during your Subscription your inhaler prescription changes and your Hailie™ sensor no longer fits your new inhaler, email firstname.lastname@example.org to arrange a sensor exchange. We will ask you to return your sensor and once we have received it, we will issue a credit code to allow you to order a matching sensor free of charge. To get the new matching sensor free of charge, you will need to purchase and pay for a new annual Subscription.
If we are unable to provide the Product for your prescribed inhaler type, we will refund your remaining subscription after receiving back the Product.
We hope that you will enjoy using our Product and services, but if you decide that the Hailie™ solution is not for you for any reason, you can simply cancel the Subscription within 30 days of the purchase, by sending us an email to email@example.com and returning the undamaged Product in its original condition for a full refund of the purchase price excluding shipping costs and taxes to Adherium (NZ) Limited, PO Box 106612, Auckland City, Auckland 1143, New Zealand.
Please note, you will be responsible for paying the return shipping costs. Once we’ve received the returned Product, we will send you an email notifying you of the approval or rejection of the refund claim. If refund is approved, we will process it and apply it to your original method of payment, within 30 days of the approval.
If we receive your email after 30 days have passed since your purchase, unfortunately we won’t be able to offer you a refund, subject to any return or refund rights you have under the Product Warranty section.
If you want to cancel your Subscription after the 30-day trial period, but before the end of the Minimum Subscription Term, we will charge a cancellation fee equal to the total amount you would have paid for the remainder of your Subscription.
If you cancel your Subscription because we changed the Terms in a way which is materially detrimental to you, any cancellation fee will be waived and, if you paid an annual Subscription fee, you will also be entitled to a pro-rata refund of the Subscription fee.
If you want to cancel your Subscription after the end of the Minimum Subscription Term and following an automatic renewal of your subscription:
(a) for month-by-month Subscription payment plans, we will not charge a cancellation fee, but you will need to pay the full fee for the month during which we receive your cancellation request; or
(b) for annual Subscription payment plans, the cancellation will become effective on the date of the expiry of the annual subscription and you will not be entitled to a refund.
If you choose to cancel your Subscription, you can email us at firstname.lastname@example.org.
DAMAGE OR LOSS OF SENSOR NOT COVERED BY CONSUMER LAW OR PRODUCT WARRANTY
If you lose or damage your Product, you can purchase a replacement by contacting email@example.com.
LIMITATION OF ADHERIUM’S LIABILITY
Except for those warranties, representations or guarantees contained or referred to in the Consumer Guarantees Act 1993, or those which may not otherwise be legally excluded, we exclude all warranties, representations or guarantees (whether express, implied or statutory) in relation to the payment process and any Products or services you purchase through this Site, including, without limitation, any warranty of acceptable quality, merchantability or fitness for any particular purpose.
We will not be liable for any damage, loss or expenses of any kind, including any loss of profits, loss of goodwill, loss of clientele, loss of business revenues, or any other special, indirect or consequential losses, suffered or incurred by you in connection with the payment process, except to the extent that such damage, loss or expense arises as a result of our breach of your consumer rights or as a result of our negligence or wilful misconduct, or we cannot otherwise legally exclude our liability to you for such amounts.
Subject to the provisions of this clause and Consumer Laws, if we are held to be liable to you in relation to the payment process, the total extent of our liability to you will, to the fullest extent permitted by law, be limited to the price or fee you paid for the Product or service in relation to which the loss arose.
The exclusions and limits set out in this section will also operate for the benefit of third parties we use to provide the payment process to you.
Adherium (NZ) Limited is based in New Zealand. All orders made via the Site are governed by New Zealand laws.