This website is owned and operated by Patney Limited and is compiled for your convenience. We provide no warranties about the reliability, accuracy or completeness of any information contained on the Website. The following Terms and Conditions apply to your use of the website (“the Site”). Please carefully read through the Terms and Conditions before placing an order with Patney Limited (“Patney”). By placing an order you acknowledge that you have read, understand and agree to be bound by these Terms, including the Patney Privacy Policy (which can be accessed on this Site), and that you have the legal capacity, rights, power and authority to enter into a purchase agreement and perform the essential obligations required. If you are making a purchase on behalf of another person, you agree that you are making the purchase as their agent.

Limitation of Liability

Other than as required under applicable consumer protection law or our Patney guarantee, under no circumstances will Patney Limited be liable in any way for any loss or damage caused by a user’s reliance on information about any product or service obtained from the Site. It is the responsibility of the Site user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available via the Site. Subject to our Patney guarantee, all content, products and services on the Site are provided to you on an “as is” basis without warranty of any kind, either express or implied.

Registration

To access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to agree to these Terms and Conditions and to provide a user name and password. You may also be required to provide us with certain personal information including your legal name, phone number, address, email address, gender, age and certain physical measurements. While Patney has a commercial Privacy Policy (on this Site) and takes all due care, you remain responsible for ensuring  that your password and account login are kept secret, safe and secure at all times. Patney does not accept any responsibility or liability for any misuse of your account in the event that a third party has access to or uses your password and account login in any manner whatsoever. By placing an order through the Site, you represent that the personal information you provide to us is true, valid, complete and current in all respects and you confirm that you are the person referred to in the shipping and billing information (unless the item is a gift).

Purchases

Patney will use a third party payment processor to process credit card or online banking transactions made through the Site. All prices are in $NZD and are inclusive of GST (NZ) but may be subject to the addition of any tax or duty applicable in other jurisdictions. Any mention of delivery times on the Site is made in good faith but it is an estimate and Patney shall not be bound by any reference relating to delivery times. Items will be shipped from our distribution centre, depending on stock availability, and shall be delivered at the freight cost referred to on the Site when the purchase is completed. Patney operates a 30 Day Money Back Guarantee Policy as set out in the Returns Policy on this Site. All refunds are at Patney’s sole discretion.

Ordering Disclaimer

The receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled, you will receive a prompt refund credit to your account. We also reserve the right to require additional information before processing any order. Order acceptance only occurs when the goods are dispatched to the purchaser.

Products

The products and services described in this Site can be withdrawn or varied at any time and without notice. To the extent permitted by law, and subject to our product Guarantee, liability for a breach of an implied term, in relation to goods or services supplied or offered via this Site, is limited to, at the discretion of Patney Limited, the replacement of goods and the payment of the cost of the replacement of the goods.

Changes to the Website

Including these Terms and Conditions, we may, when deemed appropriate, change or add to this Site, information, products and services, without notice. While we will endeavour to keep this Site current, we shall not be liable if errors occur relating to the information on this Site or if that information is not up-to-date. Under no circumstances will Patney Limited be liable for any direct, indirect, incidental, special, punitive and /or consequential damages or loss of profits, business interruption or the loss of data or information whatsoever which results from any use or access of, or any inability to use or access this Site.

Intellectual Property

In addition to the copyright and trademark materials listed below, the Patney Sleep Positioner is protected by various patents registered and owned by Patney Limited and any unauthorised reproduction of the product is unlawful.

Copyright

The information and material contained in this Site is subject to copyright and which is owned by Patney Limited. Access to this Site is only for personal use associated with product information and purchase. Commercial use is not permitted without the authority of Patney Limited. You may not, in any form or by any means, commercialise any information, products or services obtained from any aspect of this Site. The information and materials on this Site are not for professional use. You must not adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create any works derived from material contained on this Site. You must not modify, download, broadcast, sell or transfer any information or materials from any aspect of this Site without the written consent of Patney Limited. Any use or misuse of Patney Limited copyright material is expressly prohibited and may violate New Zealand and International copyright law.

Trademarks

All Trademarks, names, slogans, symbols or logos appearing on this Site are the proprietary intellectual property of Patney Limited. Any use or misuse of these trademarks is expressly prohibited and may violate New Zealand and International trademark law.

Use of Information Obtained by Patney Limited

Certain features of this Site may allow you to provide feedback and information to the Site for access and viewing by other users of the Site. By posting any personal comments (“Comments”) you represent that you have the full legal right to provide the Comments and that the use of the Comments by Patney Limited on the Site, or other usage by Patney Limited, will not infringe any intellectual property rights of any person or entity, or any personal rights of privacy, publicity or personality.

Competition terms & conditions 

  1. By entering the competition or promotion each entrant will be deemed to have accepted these terms and conditions and to have agreed to be bound by them.
  2. The winning participant must provide a video testimonial about their experience of using a Patney within a four week period of receiving their prize
  3. Failure to supply all requested contact details at the time of submitting an entry might result on the entry being invalid.
  4. No responsibility will be taken for late/lost/misdirected mail, incomplete entries or entries with incorrect postage. Entries will be deemed to be void if stolen, forged, mutilated or tampered with in any way.
  5. Only one entry by completion of the survey.
  6. The prize cannot be redeemed for cash.
  7. Patney Limited is not liable for damage to the prize sent by post or courier.
  8. A winner will be drawn only if 500 or more people complete the survey unless Patney Limited decides otherwise
  9. Winners will be notified directly by Patney Limited.
  10. If the prize winner cannot be contacted within 3 days, Patney reserves the right the redraw the prize
  11. Subject to any applicable law which cannot be excluded, Patney Limited and their employees are not responsible for any loss or damage whatsoever that is suffered (including but not limited to indirect or consequential loss) or for personal injury suffered or sustained during the course of accepting or using the prize.
  12. Entry is open to New Zealand residents only.
  13. The decision of Patney Limited in relation to any aspect of the competition is final and no correspondence will be entered into.
  14. All entries become the property of Patney Limited and may be used for promotional and marketing purposes, or passed onto a third party involved in the promotion for their marketing
  15. Under the Privacy Act 1993, all individuals have the right to access and correct their personal information by contacting Patney Limited at goodnight@patney.com