Terms of service
Last updated: 15 September 2026
These Terms of Service apply to your use of The Sleep Spot website and purchases made from us.
The Sleep Spot is operated by eastMED Pharmacy. Throughout these Terms, “The Sleep Spot”, “we”, “us” and “our” refer to eastMED Pharmacy trading as The Sleep Spot.
By accessing our website or placing an order with us, you agree to these Terms of Service together with any other policies referred to on our website.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other applicable New Zealand law that cannot lawfully be excluded or restricted.
1. ONLINE STORE
You may use our website only for lawful purposes.
You must not misuse our website, attempt to interfere with its operation or security, transmit malicious code, or use the website in a way that infringes the rights of another person.
We reserve the right to refuse service or restrict access to our website where reasonably necessary, including where we reasonably suspect fraudulent, abusive or unlawful activity.
2. ORDERS AND ORDER ACCEPTANCE
When you place an order through our website, you are making an offer to purchase the products in your order.
Receiving an automated order confirmation or payment confirmation does not necessarily mean that we have accepted your order.
Your order is accepted when we confirm acceptance or dispatch the goods.
We reserve the right to decline or cancel an order before acceptance where reasonably necessary, including where:
- there has been a genuine pricing, product information or availability error;
- a product is unavailable or we are unable to obtain stock;
- we are unable to verify or process payment;
- the quantity ordered is unavailable;
- we reasonably suspect fraudulent or unauthorised activity;
- an order appears to have been placed for unauthorised resale or commercial redistribution; or
- we are otherwise unable to fulfil the order on the terms advertised.
If we cancel an order after payment has been received, we will refund the amount paid for the cancelled item or order to the original payment method.
Nothing in this section limits any rights you may have under applicable New Zealand law.
3. PRICING, ERRORS AND INACCURACIES
We make every reasonable effort to ensure that product descriptions, prices, promotions, availability, shipping charges and other information displayed on our website are accurate.
However, genuine administrative, technical, typographical or other errors may occasionally occur.
If a product is incorrectly priced, incorrectly described, or incorrectly shown as available due to a genuine error, we reserve the right to correct the error and, where the order has not yet been accepted, decline or cancel the affected order.
If payment has already been made for an order that we cancel because of a genuine error, we will notify you and provide a full refund for the affected item or order to your original payment method.
We will not knowingly advertise goods at a price at which we do not intend to supply them.
Prices and promotions may change from time to time. Any change will not affect an order that we have already accepted, except where permitted by law or agreed with you.
All prices displayed on our New Zealand website are in New Zealand dollars (NZD) and include GST, unless otherwise stated.
4. PRODUCT INFORMATION AND AVAILABILITY
We make reasonable efforts to ensure product descriptions, specifications, photographs and other information are accurate.
Images are provided for illustrative purposes and minor differences in packaging, appearance or presentation may occur where these do not materially affect the product.
Product availability may change without notice.
Some products displayed on our website may not be physically held at our premises and may need to be ordered from a supplier.
If a product becomes unavailable after you place an order, we will contact you as soon as reasonably practicable to discuss the available options, which may include waiting for stock, choosing an alternative product, or receiving a refund.
5. PAYMENT
Payment must be received before an order is dispatched unless we have agreed otherwise.
We may offer payment methods through third-party payment providers. Your use of those services may also be subject to the provider's own terms and conditions.
Where payment is made by bank transfer, your order will be processed once the payment has been received and matched to your order.
You agree to provide accurate and current billing, delivery and contact information so that we can process your order and contact you if required.
6. SHIPPING AND DELIVERY
We deliver throughout New Zealand to eligible delivery addresses.
Shipping charges are displayed at checkout and may vary depending on factors including the delivery address, parcel size and whether an address is classified as rural.
We aim to process and dispatch orders as quickly as reasonably possible. Any dispatch or delivery timeframe displayed on our website is an estimate unless we expressly state otherwise.
Delivery may be affected by circumstances outside our reasonable control, including courier delays, severe weather, road closures, public holidays and other disruptions.
If we become aware of a significant delay affecting your order, we will endeavour to let you know.
Where we arrange delivery of your order, your rights relating to delivery remain subject to applicable New Zealand consumer law.
7. LOST, DAMAGED OR MISDELIVERED PARCELS
If your parcel has not arrived within the expected timeframe, or tracking indicates that it has been delivered but you cannot locate it, please contact us as soon as reasonably possible.
We may work with the relevant courier to investigate the delivery.
If a parcel is lost, damaged or misdelivered, the appropriate remedy will depend on the circumstances and your rights under applicable New Zealand law.
Nothing in these Terms limits any rights or remedies you may have in relation to delivery.
8. RETURNS, REFUNDS AND EXCHANGES
Our Returns and Refund Policy forms part of these Terms of Service.
Where we voluntarily offer change-of-mind returns or exchanges, eligibility may be subject to conditions including the product being unused, unopened and in its original packaging.
For hygiene and health reasons, opened or used CPAP masks, mask components and certain other personal-use products may not be eligible for a change-of-mind return unless a specific manufacturer money-back guarantee applies.
These restrictions apply only to voluntary change-of-mind returns and do not limit your rights where goods are faulty, damaged, incorrectly described, not fit for purpose, or otherwise fail to comply with applicable consumer guarantees.
Where the Consumer Guarantees Act 1993 applies, you may be entitled to a repair, replacement, refund or other remedy depending on the circumstances.
9. MANUFACTURER WARRANTIES AND GUARANTEES
Some products sold by The Sleep Spot include manufacturer warranties or money-back guarantees.
The eligibility requirements and duration of these programmes may vary between manufacturers and products.
Any manufacturer's warranty or voluntary money-back guarantee is provided in addition to any rights you may have under the Consumer Guarantees Act 1993 and does not replace or restrict those rights.
10. CPAP AND HEALTH INFORMATION
Information provided on The Sleep Spot website, in emails, videos, articles, social media, product information or other educational material is general information only and is not intended to replace individual medical advice, diagnosis or treatment.
Where appropriate, you should seek advice from your doctor, sleep clinic, registered sleep physiologist or other suitably qualified healthcare professional regarding your individual circumstances.
Where we provide CPAP setup, monitoring, sleep testing or related services, any specific terms applicable to those services will also apply.
Nothing in this section limits any obligations we have when providing professional or health-related services.
11. PERSONAL INFORMATION
Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy and applicable New Zealand privacy law.
By providing information to us, you confirm that the information you provide is accurate to the best of your knowledge and that you are authorised to provide it.
Health information may be subject to additional privacy requirements.
Please refer to our Privacy Policy for further information about how we handle personal information.
12. THIRD-PARTY SERVICES AND LINKS
Our website may contain links to third-party websites or use third-party services, including payment, delivery, review, video, analytics or other technology providers.
We are not responsible for the content or practices of independent third-party websites that we do not control.
Where you choose to use a third-party service, that service may also be subject to the third party's own terms and privacy policy.
Nothing in this section limits any responsibility we have under applicable law for services we arrange or provide as part of your purchase.
13. INTELLECTUAL PROPERTY
Unless otherwise stated, the content on The Sleep Spot website, including text, graphics, logos, photographs, videos and other original material created by or for us, is owned by or licensed to The Sleep Spot.
You may use our website for your personal, non-commercial use.
You must not reproduce, distribute, modify, republish or commercially exploit our content without our prior written permission, except where permitted by law.
Third-party trademarks, product images and other intellectual property remain the property of their respective owners.
14. REVIEWS, COMMENTS AND USER CONTENT
If you submit a product review, comment, photograph or other content to us or through our website, you confirm that you have the right to provide that content and that it does not unlawfully infringe another person's rights.
You must not submit content that is unlawful, defamatory, misleading, abusive, discriminatory, obscene, fraudulent or contains malicious software.
We may moderate or remove user-submitted content where reasonably necessary.
Where you voluntarily submit content for publication, you grant us a non-exclusive licence to use, reproduce and display that content in connection with our business and website, subject to applicable privacy law and any agreement we have made with you.
15. WEBSITE AVAILABILITY
We aim to keep our website available and functioning correctly but cannot guarantee uninterrupted or error-free access.
We may temporarily suspend, modify or discontinue parts of the website for maintenance, security, technical or operational reasons.
We will not be responsible for website interruptions outside our reasonable control, except to the extent that liability cannot lawfully be excluded.
16. LIABILITY
Nothing in these Terms excludes, restricts or modifies any liability, guarantee, right or remedy where doing so would be unlawful, including rights available to consumers under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
To the maximum extent permitted by law, we will not be liable for losses that are indirect, consequential, or not reasonably foreseeable as a result of your use of our website or products.
This limitation does not apply to liability that cannot lawfully be excluded or limited.
17. BUSINESS CUSTOMERS
If you acquire goods or services from us in trade and for business purposes, different legal rights may apply.
Where both you and The Sleep Spot are in trade, we may agree in writing to contract out of provisions of the Consumer Guarantees Act 1993 or other legislation to the extent permitted by New Zealand law.
Any such contracting out will apply only where it is expressly agreed in writing and where the statutory requirements for contracting out are satisfied.
Unless such an agreement exists, these Terms do not by themselves constitute an agreement to contract out of the Consumer Guarantees Act 1993.
18. PROHIBITED USE
You must not use our website:
- for an unlawful or fraudulent purpose;
- to infringe our intellectual property rights or those of another person;
- to transmit viruses, malware or other harmful code;
- to obtain unauthorised access to our systems;
- to collect personal information about other users without lawful authority;
- to submit false or misleading information;
- to interfere with the security or operation of our website; or
- in any other way that breaches applicable law.
We may restrict or terminate access to our website where we reasonably believe these requirements have been breached.
19. CHANGES TO THESE TERMS
We may update these Terms of Service from time to time to reflect changes to our business, website, policies or applicable law.
The updated Terms will take effect when published on our website unless otherwise stated.
The Terms applicable to a purchase will generally be those in effect when the relevant order was placed, subject to applicable law.
Changes to these Terms will not retrospectively remove rights that have already arisen.
20. SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the extent necessary and the remaining provisions will continue to apply.
21. GOVERNING LAW
These Terms of Service are governed by the laws of New Zealand.
Any dispute relating to these Terms or your use of our website will be subject to the jurisdiction of the New Zealand courts and tribunals, subject to any rights you may have under applicable consumer law.
22. CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
The Sleep Spot
Operated by eastMED Pharmacy
188 St Heliers Bay Road
St Heliers
Auckland 1071
New Zealand
Email: hello@thesleepspot.co.nz