TERMS & CONDITIONS

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:
This website is intended solely for access and use by customers within New Zealand. We do not deliver to addresses 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 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 for, the use of any Product, including its use with medicinal cannabis prescribed to you by a registered health practitioner in New Zealand.

 

2. Information about us

2.1 Who we are:
The Third State is a subsidiary of Allu Therapeutics. When you purchase Products through this website, you are contracting with Allu Therapeutics (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.

 

3. Our Products

3.1 Products that are medical devices:
The Products that are medical devices are regulated under the Medicines Act 1981. These Products have been notified by us, as sponsor, to the medical devices database (WAND Database) managed by Medsafe. Each of these Products has also been approved as a medical device by an overseas regulator. 

 

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 to only 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, 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 Nuvei 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 The Third State. 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, at our sole discretion.

 

4.6 Limits on orders and cancellations by us:
We may, at 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 email 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, fulfil 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 Nuvei. For further information, please refer to our Privacy Policy and Nuvei’s Terms of Use. 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 present to sign for and accept delivery of the Products. A valid form of identification must be shown for the order to be delivered. 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 receiving your order (during weekdays), and the following business day (during weekends). During the Christmas and New Year period, we will dispatch orders less frequently. If we think that the delivery of your order is likely to be severely 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 does not match what you ordered, or if you believe it was delivered in a damaged or spoiled condition, please contact us as soon as possible after delivery. We may, at our discretion, offer to replace the Product or offer a credit or refund.

 

7.3 Returning defective Products:
If a Product is defective, you may return it to us. You will be responsible for any costs associated with returning defective Products.

 

8. Disclaimer & Limitation Of Liability

8.1 Disclaimer of warranties:
Except as expressly stated, we make no representations or warranties, either express or implied, regarding any Product sold on this website.

 

9. Privacy 

9.1 Privacy:

Please refer to our Privacy Policy for details on how we collect, use, store, and protect your personal information.

 

10. Governing Law

10.1 Governing Law:

These Terms are governed by the laws of New Zealand. Any dispute arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts in New Zealand.

 

11. Entire Agreement

11.1 Agreement:
These Terms constitute the entire agreement between you and us regarding the use of this website and any purchases made through it, and supersede all prior agreements or understandings.