1. INTRODUCTION
1.1 What these Terms cover: These terms and conditions, together with all information and documents referred to in them (Terms), explain the terms that apply to your use of this website and all orders and/or purchases you make for products (Products) via this website.
1.2 Acceptance of these Terms: Please make sure you have read these Terms carefully before placing an order. These Terms tell you who we are, how we will provide Products to you, what to do if there is a problem and other important information. If you have any questions about these Terms, please contact us to discuss. By placing an order through this website, you agree to and accept these Terms.
1.3 Changes to these Terms: We may amend these Terms at any time. Every time you place an order, please check these Terms to ensure you understand the terms which will apply at that time.
1.4 New Zealand customers only: We only deliver to postal addresses in New Zealand. This website is not intended for access or use by visitors outside New Zealand
1.5 Information on this website: The information, including information about the Products, contained on this website is for general information purposes only. The information contained on this website is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any Product packaging or labels. You should seek medical advice about the appropriateness of, and instructions as to, the use of any Product, being use with medicinal cannabis prescribed to you by a registered health practitioner in New Zealand.
2. INFORMATION ABOUT US
2.1 Who we are: MediVape is a Subsidary of NUBU Pharmaceuticals. When you purchase Products through this website you are contracting with MW Pharma Limited (trading as NUBU Pharmaceuticals), New Zealand company number 6556595 (we, us, our).
2.2 How to contact us: If you have any questions about these Terms or this website, please contact us using the contact details on this website.
2. OUR PRODUCTS
3.1 Products are medical devices: The Products are medical devices regulated under the Medicines Act 1981. The Products have been notified by us, as sponsor, to the medical devices database (WAND Database) managed by Medsafe. [Each Product has also been approved as a medical device by an overseas regulator.] The Products are not vaping devices regulated under the Smokefree Environments and Regulated Products Act 1990.
3.2 Intended use of Products: The Products must not be used for any illegal or unauthorised purpose. The Products are intended for use only with medicinal cannabis that has been prescribed for you. You agree only to purchase Products from this website to vaporise medicinal cannabis prescribed to you by a registered health practitioner in New Zealand in accordance with that prescription and any other directions provided to you by that prescribing health practitioner. The Products must not be used with any other substance. By placing an order you warrant that (a) you have a valid prescription for medicinal cannabis which has been issued by a registered health practitioner in New Zealand; (b) you know of no reason why the Product you are ordering would not be appropriate for you; (c) the order placed through this website represents a request for Products by you, which fulfils your personal needs and not the needs of any other person; and (d) you will comply with all instructions for use supplied with a Product or as otherwise directed by your registered health practitioner.
3.3 We do not advertise the availability of medicinal cannabis: In listing Products for sale on this website we are not, and are not to be taken to be, making any statement, warranty, suggestion, indication or advertisement about the availability of any medicinal cannabis products for use with the Products.
3.4 Responsibility for selection and use: The Products are as described on this website – please check these descriptions carefully before placing your order. You assume ultimate responsibility for your selection and use of any Product.
3.5 Prices and Product availability may be subject to change: While every effort is made to keep the information on this website current, prices and Product availability are subject to change. We will advise you if changes are made (including due to Product availability), after you place your order. You can then either agree to the change or alternatively we will refund the money you have paid.
4. HOW TO ORDER
4.1 Ordering process: Ordering a Product is very easy. Create an account, or log into your account, and then just click on a Product and add it to your shopping basket. You then need to follow our payment instructions to purchase the Products you choose to buy. All online payments are made and processed via Shopify Payments In order to place an order, you must be the holder of a valid debit/credit card.
4.2 How we will accept your order: After you place your order, we will send a confirmation email to you if we accept your order. Each time we accept an order from you, a separate contract is made between us.
4.3 Taking payment: By placing an order, you authorise us to immediately charge your payment card for the purchase price and delivery charges displayed on this website. The name that will appear on your statement will be Medivape. Please refer to our Privacy Policy for further details about how payments are processed and the associated security measures.
4.4 If we cannot accept your order or need to cancel your order: We reserve the right to not accept your order for any reason at any time or to cancel your order after it has been accepted. If we do not accept your order or cancel your order we will inform you of this and we will not charge you for any Product ordered.
4.5 If you wish to cancel: It may not be possible for you to cancel or vary an order once it has been accepted by us. Please contact us as soon as possible if you wish to vary or cancel an order and we will let you know if this is possible, in our sole discretion.
4.6 Limits on orders and cancellations by us: We may, in our sole discretion, limit or cancel quantities of Products ordered/purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Where we are only able to fulfil your order in part you will be entitled to cancel such order within 24 hours of us notifying you that we cannot, or will not, fulfill your order in full and no payment will be deducted from your payment card. If you do not cancel your order, the price payable by you for that order will be reduced by the amount of the Product not supplied.
5. PRICES & HOW TO PAY
5.1 Prices include GST: All prices stated are in New Zealand dollars and include GST.
5.2 Delivery charges: Delivery charges will be indicated to you at the time of ordering, added to the purchase price before you confirm your order and payable by you at the same time as the purchase price.
5.3 How to pay: You may pay for the Product with a debit or credit card. We do not accept any other form of payment. The payment facility is operated by Shopify Payments (for further information, please refer to our Privacy Policy). We accept Visa and Mastercard credit/debit cards.
5.4 Authority for payment: We will request authority for payment from your card at the time you place your order. If we fail to receive authority for your payment, or if we reasonably believe that payment will be refused, we reserve the right to reject your order.
5.5 Failed payment: In the event of a failed payment for whatever reason, you agree to compensate us in full against all reasonable costs, expenses and outgoings we incur in attempting to obtain payment from you.
6. DELIVERY
6.1 New Zealand only: Delivery of a Product will only be made to the delivery address on your account or such other address agreed by us during the order process. We will not deliver to freight-forwarding addresses.
6.2 Delivery method: We will deliver the Products to you in such manner and form of transport that we consider appropriate. You must be available in person to sign for and accept deliveries of Products and a valid form of your ID must be sighted for an order to be delivered to you. If you are not available to sign for and accept delivery of an order, the order will be sent to your postal depot for collection and a note will be left for you at the delivery address confirming the location of that postal depot.
6.3 When we will deliver: We will aim to dispatch within 24 hours of recieving your order (during weekdays), and the following business day (during weekends). During the Christmas and New Years period, we will dispatch orders less frequently. If we think that the delivery of your order is likely to be delayed, we will contact you. We may delay dispatch of orders due to stock availability and you will be notified as soon as reasonably practicable if this will affect our target delivery times.
7. RETURNING PRODUCTS
7.1 How to tell us about problems: Please contact us if you have any complaints about the Product or questions about returns.
7.2 Returning Products: If any Product doesn’t correspond with what you have ordered, or you believe it was delivered to you in a damaged or spoiled condition, please contact us soon as possible following delivery. We may require photographic evidence and/or a sample of the damaged or spoiled Product. If we agree that any Product was incorrectly delivered, or delivered to you in a damaged or spoiled condition, then we will either refund the value of the Product by crediting your payment card, or replace that Product where replacement is possible.
7.3 Product recalls: In the event that we initiate a recall of any Product, you will provide all reasonable and timely assistance to us to enable us to comply with our regulatory obligations with respect to that Product.
8. USING THIS WEBSITE & CREATING ANOTHER ACCOUNT
8.1 How to create an account: To order from our website, you must create an account (or log into your account that you previously created) when placing an order for a Product. Please follow the instructions on this website. It will be at our sole discretion as to whether we accept your application to create an account.
8.2 What information do we require: You will be asked to provide information including your name, email address and postal address when creating your account. Your email address will be used to identify you when you use it to access your account on this website. Your order will be sent to the postal address you provide when you create your account, or the most recent postal address you have provided, if you update your account details at any time. We accept no responsibility for orders that are not received as a result of an incomplete or incorrect address being provided. These contact details will be those we will use to contact you for any Product recall or to meet any other regulatory compliance obligations we may have. You confirm that all information that you provide to us is true, accurate, complete and not misleading and that you will notify us immediately if any part of this information changes.
8.3 Choosing a password: You will also need to provide a password in order to access your account. You are entirely responsible for maintaining the confidentiality of your password and you will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. We encourage you to use a "strong" password (including a combination of numbers and letters). You agree to notify us immediately in the event of any unauthorised use, or suspected unauthorised use of your password or account.
8.4 Security of information: The security of your information and use of this website is very important to us. We will take reasonable technical and organisational precautions to protect this website and information that we hold. However, due to the inherent nature of the internet, we are not able to guarantee the security of this website or any information that you hold or that you transmit to us. You are responsible for taking your own measures to reduce the risk of viruses or other forms of interference damaging your computer system.
8.5 Security checks: We reserve the right to contact the purchaser of an order to confirm the validity of delivery details supplied and we will perform security checks on any orders that raise a security alert based on purchase type or level. We reserve the right to cancel and refund any order that appears to be fraudulent, suspicious or where we have reasonably held concerns regarding the legitimacy of an order.
8.6 We own the intellectual property in this website: We own or have obtained a valid licence to use all copyright, trademarks and other intellectual property rights used on this website and all such intellectual property rights will remain solely with us and/or our licensors (as the case may be).
8.7 How you may use this website: You agree not to use this website, including for purchasing a Product, for any purpose that is unlawful, or prohibited by or inconsistent with these Terms. You may download the information on this website for your own personal use but otherwise neither this website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without our consent. If you link this website to another website, you must remove the link at our request. You agree that you will not interfere with any other party’s use and enjoyment of this website, or damage the operation of this website, or our systems or those of other persons who use this website, whether by way of a virus, corrupted file, any other software or program, or otherwise.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1 Use of your information: Any personal information that you provide to us through this website will only be used in accordance with these Terms and our Privacy Policy. Please ensure that you have read our Privacy Policy before proceeding.
9.2 Your consent to our use of your data: By providing us or authorising us to collect any personal information you are consenting to its collection, use and disclosure in accordance with these Terms and our Privacy Policy.
10. OUR LIABILITY TO YOU
10.1 Disclaimer: Except as expressly stated herein, we make no representation or warranty, either express or implied, of any kind with respect to any Product sold on this website. Except as expressly stated herein, we expressly disclaim all warranties, express or implied, of any kind with respect to Products sold on this website, including but not limited to merchantability and fitness for a particular purpose.
10.2 Refund or replacement of Products: Subject to section 10.5, if we fail to comply with these Terms (a) our liability to you is limited to the replacement of, or refund for, Products in accordance with section 7 above; and (b) in any event, we, our directors, officers, employees or representatives are not responsible for any indirect, consequential or special loss or damage or any kind.
10.3 Compliance with our instructions: You will comply with any instructions for use, care and maintenance, trouble shooting, warnings and safety procedures provided by us. We will not be liable for any costs or damages incurred by any person because of such person’s failure to comply with such instructions.
10.4 Accuracy and completeness of information: We will have no liability with respect to any claims arising from the use of the information on this website however arising. We do not warrant that the information contained on this website is accurate, complete, current, virus-free, error free or complies with any legislation or regulations other than those in New Zealand. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate and more complete sources of information. Any reliance on the material on this site is at your own risk.
10.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so: In particular, nothing in these Terms will affect your rights under consumer laws, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. If you are purchasing any Product for business or commercial purposes, including for resale, then you agree to contract out of the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986.
10.6 We are not responsible for events beyond our control: We will be excused from our obligation to deliver Products if non-performance is due to events beyond our reasonable control.
10.7 We are not responsible for other websites: This website may provide links to other websites for your convenience and information. These websites are outside our control and the provision of a link to a third party website does not imply our agreement to or endorsement of any of the information contained on the third party website or otherwise imply any association with the third party. Third party websites may have different terms of use and privacy policies, which you should review before using the third party website.
11. OTHER IMPORTANT TERMS
11.1 We may transfer our rights under these Terms: We may transfer our rights and obligations under these Terms to a related company or a third party purchaser. You must not transfer your rights or your obligations under these Terms to another person (they must set up their own account and place their own orders.
11.2 Entire agreement: These Terms constitute the entire agreement between you and us relating to this website and any purchase made via this website.
11.3 We may delay in enforcing our rights: If we do not insist immediately that you do anything you are required to do under these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
11.4 These Terms are governed by New Zealand law: These Terms are governed by New Zealand law and any applicable legal proceedings must be heard in the New Zealand courts.
These Terms were published on 12 August 2021.