These terms and conditions are referred to herein as “Terms and Conditions”
Our website policies are designed with the customer, in mind to ensure that your online shopping experience will be secure, prompt, efficient and hassle-free. As far as possible our online policies are consistent with our in-store company policies and procedures.
When you register for an online account.
• When you contact us to enquire about this site or any of our products or services.
• Through your use of this site and the services and functionality offered through it.
We will only use personal information about you for the following reasons:
1. To create your online account .
2. To record and process your orders.
3. To add to our database so we may inform you of specials, promotions, offers and events via email or post.
4. To improve the products and services we offer through this site.
5. To respond to your queries.
6. Any other reasons which we may notify at the time the information is collected.
We may share your personal information:
1. To our group companies or service providers (e.g. in order to store the information).
2. Where the disclosure is in connection with one of the purposes for which the information was collected (e.g. to courier companies to enable deliveries).
3. Where we are required or authorised by law to make disclosure.
Except as provided above, we will not share your personal information with any other third parties.
We will not hold your personal information for longer than is required for the purpose(s) for which it was collected.
We will ensure that security safeguards protect the information and we will take all reasonable steps to ensure that information will not be disclosed to any unauthorised person or organisation.
We will take all reasonable steps to ensure that personal information held by us is accurate and up-to-date. You are entitled to obtain from us confirmation as to whether or not we hold personal information about you and you are entitled to reasonable access to this information. You may also request:
1. That we correct this information if it is inaccurate; and
2. That your details do not appear on our database.
You can make changes to your personal information on the “My Account” page, by contacting us using the “Contact Us” page on this site, or by calling our free phone number 0800
We are conscious of the need for privacy and security for your Internet shopping experience.
We use sophisticated encryption technology. This means at the checkout, our servers and your PC encrypt (scramble) everything that you enter into your computer, such as credit card details, billing and delivery address. Because it is encrypted, other computers are unable to make sense of it, therefore keeping this information private.
There are visual clues on screen that tell you when you have entered a secure environment: at the bottom of your browser, the key or padlock icon, which is normally broken, becomes solid and the address of the document you are accessing begins with https:// (secure hypertext transfer protocol).
As part of the software used by us there are secure processes built into the store. Specifically the engine ensures:
• Every order has a unique number
• Every order is logged in a robust database
• All your payment details can only be retrieved by us in an encrypted session
• Confirmation emails of your order are sent to you the customer
We only email you if you want us to. We do not send unsolicited emails. When you register your email address with us, if you choose to, you go on a list to receive email announcements about products, offers and promotions from us.
Every email message we send includes an email address to which you can respond. If at any time you decide you do not want to receive our emails, simply click the unsubscribe link at the bottom of the newsletter. If you unsubscribe you will continue to receive emails specifically related to your online orders.
Mailer Terms & Conditions
Colour options indicated are as close as the 4 colour printing process allow. Accessories not included. Limited stock is available on all specials. If you find a lower advertised or ticket price in any other retail outlet on an identical item (i.e. brand, colour, size) which is currently in stock, upon confirmation we’ll beat the price by 10% - on the spot.
Right to Use Site and Content
You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.
You may reproduce, copy and distribute the content of this site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of the Company’s rights in the relevant content. You may not reproduce, copy or distribute the content on this site for any other purpose of in any other way without the Company’s prior written consent.
If you wish to link to any part of this site, you must get the Company’s prior written consent.
Please ensure that any information that you provide when creating an account with us on this site is correct, complete and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information.
You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
TERMS OF SALE
These terms of sale “Terms of Sale”) apply to your purchase of products via our site.
Orders and Delivery
An order made via this site (“order”) is an offer to purchase one or more products. When we receive a valid order from you, we will accept this offer by confirming via email that we have received and are processing the order.
We will deliver the products set out in your order (“products”) almost anywhere in New Zealand. We do not deliver outside New Zealand, however, an overseas order may still be placed with a New Zealand delivery address. Delivery is made by courier. When an order is received we will endeavour to ship your product the same day (if the order is received before 3:30pm).
We endeavour to deliver all products within 1-3 working days of us confirming receipt of the order, although this timeframe is an estimate only. If we are not able to supply the products or there is likely to be a significant delay in making delivery (e.g. because the product is out of stock or the delivery is to a rural/remote location*), we will notify you as soon as reasonably possible after we become aware of this, in which case you may cancel the order (or any part of it) and you will receive a refund (including the applicable delivery charges) in respect of those products which will not be delivered (if any). We will not otherwise be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.
The anticipated delivery charges (if applicable) will be notified to you when you complete the order, although in some cases the actual delivery charges may be higher (e.g. if the products are large/heavy or delivery is to a rural/remote location). We will notify you if the actual delivery charges are higher than those anticipated, in which case you may cancel the order (or any part of it) prior to delivery and receive a refund (including the applicable delivery charges) in respect of the cancelled order.
The products will comply, in all material respects, with their product descriptions appearing on this site at the time when you submit the order. If a product does not comply with its product description, you may return the product(s) and accept a refund or exchange the product(s) - for more information please see our Returns page.
We stand by the quality of our products and we make things right if you are not satisfied with your purchase. You can return any products to receive a refund of the purchase price or exchange the products within 30 working days of receipt (for any reason), provided that the products are returned in their original condition with original or appropriate packaging and invoice. For hygiene reasons, we do not accept returns of toileting equipment, shower and bath equipment, commodes or breathing masks .The customer is responsible to ship the product back to us.
We give a warranty on all products for one year after the purchase date unless otherwise stated.
We guarantee against all faulty workmanship and product defects in normal use but do not provide warranty against general wear and tear or where the equipment has been altered or modified or if the equipment has been used inappropriately.
If you experience any problems with equipment purchased from us within the warranty period, please phone 0800 and we will attend to your request.
The risk of any loss of, or damage to, the products will pass to you on delivery.
The prices for the products listed on this site are in New Zealand dollars and include GST, but not any delivery charges. We endeavour to ensure that all prices listed on this site are consistent with the prices offered at our store. We reserve the right to amend or rectify any errors in pricing or product specification within 24 hours of being notified of it or after an order has been processed.
We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.
Consumer Guarantees Act
If the products are subject to the New Zealand Consumer Guarantees Act 1993 (“CGA”), you may have statutory rights and remedies which are not excluded nor limited by the above provisions unless you are acquiring the products for business purposes, in which case all of the above exclusions and limitations will apply and the CGA will not apply.
To the fullest extent permitted by law, and save as is expressly warranted in these Terms of Sale:
• all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this site or the content on or accessed through it; and
• we will not be liable for any damages, losses or expenses, loss of profits or revenue or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.
• Under no circumstances (whether in contract, tort or otherwise) will our liability on any claim exceed the price which you paid to us for the item in respect of which the claim has arisien.
If your use of this site or its content is subject to the New Zealand Consumer Guarantees Act 1993 (“CGA”), you may have rights or remedies which are not excluded nor limited by the above. If you are using this site or its content for business purposes, the above exclusions and limitations will apply and the CGA will not apply.
We endeavour to ensure that any content will be current, accurate or complete when you access it. However, we will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.
This site may from time to time contain content provided by third parties and links to third party sites. This is provided for your convenience only and we are not responsible for any third party content on our site or any site to which our site contains links . The inclusion of any such content or link does not imply our endorsement or approval of any linked website or any association with its owners or operators.
You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this site. We may change the content on this site at any time without prior notice. If you wish to verify any content on this site then you should contact us.
Additional terms and conditions may apply for certain products or services which may be available through this site and any such additional terms and conditions must be read in conjunction with these Terms and Conditions..
Jurisdiction and Governing Law
These Terms and Conditions and any matters or disputes connected with this site will be governed by New Zealand laws and will be dealt with in New Zealand courts.
All intellectual property on this site, including without limitation any trademarks, text, graphics and copyright, is owned by us or our content suppliers. We are the exclusive owner of all rights in the compilation, design and layout of this site.
This site and its content is made available for the purposes of shopping online with us and providing information about Breathing and Medical Ltd products.
Reproduction of the images and text on this site for any other purposes is prohibited.
All images and textual content on this website is copyright © Breathing and Medical Ltd