Terms of Sale

TERMS OF SALE

Version 1

14 July 2017

 

Thank you for choosing the Smartinhaler™ System by Adherium.

 

GENERAL

These Terms of Sale (Terms) govern all purchases of goods and services from us, Adherium (NZ) Limited, made via https://shop.smartinhaler.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 sales@smartinhaler.com.

Your use of the Smartinhaler™ System is subject to the Smartinhaler™ System Terms of Use (Terms of Use) available here. You agree to comply with the Terms of Use.

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 reserve the right to update or change any information on the Site, at any time.

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 opportunity to amend your subscription.

 

PRIVACY POLICY

Adherium’s Privacy Policy explains how we look after your personal information including how we collect, process, store, share and keep it safe.

 

NO SUBSTITUTE FOR MEDICAL ADVICE

The Smartinhaler™ System 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.

 

CONSUMER RIGHTS

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.  

 

SMARTINHALER™ SENSOR ORDER

The Smartinhaler™ sensors offered on the Site are sold only as part of a subscription to the Smartinhaler™ System.

All sensors offered on this Site as part of your subscription are subject to availability. 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 sensors on the Site as accurately as possible, we cannot guarantee that they will be displayed accurately on your computer monitor.

The Smartinhaler™ sensors have varying service life spans, which will depend on the type of sensor (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.

Renewing your subscription annually will entitle you to a new Smartinhaler™ sensor at that time, shipped to you at our cost.

 

SMARTINHALER™ SENSOR COMPATIBLE DEVICES

Our Smartinhaler™ sensors are compatible with most smartphone handsets or tablets. Without a compatible handset or tablet you will not be able to connect to your sensor and you will not be able to transfer usage logs to the SmartinhalerLive™ cloud server.  It is your responsibility to ensure that you have a compatible handset or tablet before you select one of our sensors under your subscription.

 

SMARTINHALER™ SYSTEM SUBSCRIPTION

For new customers, the minimum subscription term with a new sensor 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.

After the end of your initial 12-month subscription period, your subscription will continue on a month-by-month basis until you either cancel or commit to another 12-month subscription and receive a new sensor.

  

SHIPPING AND DELIVERY

The sensor 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 sensor within the estimated delivery dates. Please note that the dates are only estimates and we accept no liability for any delay in delivery.

 

PAYMENTS

All prices or fees on the Site are in New Zealand dollars and include GST.

We accept all major credit cards.

All credit card transactions are securely processed by Stripe New Zealand Limited, NZBN: 9429041687628.

We reserve the right to add or amend any 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.

No subscription fee increases will affect users during the fixed 12-month subscription period described above.  If we amend the subscription fee for an existing month-by-month subscription, you will have an option to cancel the subscription.

 

PRODUCT WARRANTY

Manufacturer’s Warranty:

  • This warranty is provided by Adherium (NZ) Limited (Adherium), Level 2, 204 Quay Street, Auckland 1010, New Zealand; telephone: +64 9 307 2771; email support@smartinhaler.com. Adherium is the manufacturer of the Smartinhaler™ sensor (Product) provided to you.

 

  • Subject to the conditions and limitations set out below:
  1. 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
  2. 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.

Conditions:

  • This warranty does not apply to the extent that a defect in the Product arises from or is contributed to by:
  1. failure to follow the instructions for use of the Product including any instructions in Adherium's Product Manual; or
  2. 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 support@smartinhaler.com within 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 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 single sensor subscription credit for each Product replaced by us under warranty.

 

  • The warranty period for any repaired or replaced Product does not extend beyond the Warranty Period. For example, for the 12-month Warranty Period, if the defective Product is replaced 9 months after delivery of the defective Product to you, the Warranty Period for the replacement Product will be 3 months.

 

  • 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.

 

EXCHANGES

If the Product you ordered does not match your prescribed inhaler, please let us know within 14 days of receiving the Product by emailing us at support@smartinhaler.com.

If we are unable to provide a sensor for your prescribed inhaler type, we will refund your remaining subscription after receiving back your sensor in unused condition. 

 

CHANGE-OF-MIND REFUNDS AND SUBSCRIPTION CANCELLATION 

We hope that you will enjoy using our product, but if you decide that the Smartinhaler™ system 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 support@smartinhaler.com and returning the Smartinhaler™ sensor for a full refund of the purchase price excluding shipping costs.

If you want to cancel your subscription after the 30-day trial period, but before the end of the initial or re-signed 12-month period, we will charge a cancellation fee equal to the total amount you would have paid for the remainder of your subscription.

After the end of a 12-month subscription period, if you wish to cancel a month-by-month subscription, 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.

If you choose to cancel your subscription, you can email us at support@smartinhaler.com

 

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 support@smartinhaler.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.

 

ENQUIRIES

If you have any questions about the Terms, the Subscription, Smartinhaler™ sensors on this Site, or the Smartinhaler™ System please visit https://shop.smartinhaler.com/pages/faqs or contact us at support@smartinhaler.com .

 

GOVERNING LAWS

Adherium (NZ) Limited is based in New Zealand. All orders made via the Site are governed by New Zealand laws.