Terms of Service

1. Products and Pricing

All products are subject to availability. Prices are listed in New Zealand Dollars (NZD). We reserve the right to modify prices without prior notice. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price.

2. Product Information & Disclaimers

2.1 Not a Medical Device

IMPORTANT: The RestWell device is NOT a medical device. It is NOT approved by the FDA, Medsafe, or any other medical regulatory authority. The RestWell is a general wellness product only.

2.2 Not Intended for Medical Use

The RestWell is NOT intended to diagnose, treat, cure, or prevent any disease or medical condition, including but not limited to sleep apnea, obstructive sleep apnea, or any other sleep disorder. If you have a medical condition, consult your doctor before use.

2.3 Use at Your Own Risk

You acknowledge and agree that you use The RestWell entirely at your own risk. Results vary between individuals and are not guaranteed.

2.4 Contraindications

Do NOT use The RestWell if you have: a pacemaker or other implanted electronic device; epilepsy or seizure disorders; heart conditions; are pregnant; have skin conditions on the neck area; or any condition that may be affected by electrical stimulation. Consult your doctor if unsure.

3. Orders and Payment

By placing an order you are making an offer to purchase. We reserve the right to refuse or cancel any order at our sole discretion. Orders are not confirmed until payment is successfully processed. An order confirmation does not constitute guaranteed acceptance. We reserve the right to cancel orders where fraud is suspected.

All prices are in New Zealand Dollars (NZD). Prices are subject to change without notice.

4. Third-Party Logistics & Supply Chain

RestWell NZ utilises third-party logistics providers and international supply chains to fulfil orders. Customers acknowledge that:

• Fulfilment may be handled by third-party logistics partners
• Products may ship from locations outside New Zealand
• Component sourcing delays may occur without prior notice
• Products may be temporarily unavailable pending receipt of components or completion of quality assurance
• Pre-orders and backorders may experience extended fulfilment periods of up to 30 business days or longer
• Minor cosmetic variations between production batches may occur and do not affect device performance or warranty

5. Force Majeure

RestWell NZ shall not be liable for any delay, failure, or inability to perform any obligation resulting from circumstances beyond our reasonable control, including but not limited to: acts of God, pandemics, government actions, transport disruptions, cyber attacks, or shortage of materials. Estimated delivery dates shall be automatically extended by the duration of such events without liability.

6. Shipping and Delivery

Please refer to our Shipping & Returns Policy for full details. All delivery timeframes are estimates only and are not guaranteed. Delays do not constitute grounds for cancellation or refund. Risk of loss and title passes to you upon delivery to the carrier. You are responsible for providing accurate shipping information. RestWell NZ is not responsible for orders shipped to incorrect addresses provided by you.

7. Returns and Refunds

Please refer to our Refund Policy for full details. All returns are subject to inspection and approval. We reserve the right to refuse any return that does not meet our requirements.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RestWell NZ, its owners, directors, employees, agents, and affiliates shall NOT be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from: your use or inability to use the product; any injury, illness, or adverse effect from use; any reliance on information on this site; shipping delays, lost packages, or delivery issues; product defects or malfunctions; or any other matter relating to the site or products.

Our total liability to you for any claim shall not exceed the amount you paid for the product.

Nothing in these Terms excludes liability that cannot be excluded under the Consumer Guarantees Act 1993.

9. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We disclaim all warranties including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the product will meet your requirements, expectations, or that any results will be achieved.

10. Indemnification

You agree to indemnify, defend, and hold harmless RestWell NZ and its owners, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from your use of the site or products, your violation of these Terms, or your violation of any rights of a third party.

11. Intellectual Property

All content on this site is the property of RestWell NZ and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

12. Dispute Resolution

Contact us first at support@restwell.co.nz with a written description of your dispute. If not resolved within 30 days, both parties agree to good-faith mediation before legal proceedings. All disputes resolved on an individual basis. You waive any right to participate in a class action. Any claim must be filed within one (1) year of the cause of action arising.

13. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes are subject to the exclusive jurisdiction of the courts of New Zealand.

14. Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

Product Imagery, Packaging & Branding Disclaimer

IMPORTANT NOTICE: All product images, photographs, graphics, and visual representations displayed on this website are for illustrative purposes only and may not accurately reflect the actual product you receive.

• Product packaging, labels, logos, branding, colours, and overall appearance may differ significantly from what is shown on this website
• We frequently update our packaging, branding, and product specifications without prior notice
• Products may be sourced from third-party manufacturers and suppliers who may supply products with different packaging, label designs, or branding than those depicted on our website
• Colour variations may occur due to screen display settings, photography lighting, and printing processes
• Promotional or lifestyle imagery may include props or visual elements not included with the product
• RestWell NZ accepts no liability whatsoever for any discrepancy between website imagery and the actual product delivered
• Receipt of a product with packaging, labels, logos, or branding that differs from website imagery does not constitute grounds for a refund, return, or exchange under any provision
• We make no warranty or representation that products will match website imagery in any respect

By placing an order, you expressly acknowledge and accept that the product you receive may differ materially in appearance, packaging, labelling, or branding from the images displayed on this website, and you irrevocably waive any and all claims, demands, or causes of action arising from such differences.

Contact

RestWell NZ Limited
Email: support@restwell.co.nz
Website: www.restwell.co.nz