Terms of service

Terms of Service

OVERVIEW

Welcome to SameDayRelief! The terms "we", "us" and "our" refer to SameDayRelief. SameDayRelief operates this store and website at [yourdomain.com], including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). SameDayRelief is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence. If you purchase products intended for use by a minor, you agree that the product will be used under adult supervision.

To use the Services, including browsing our store or purchasing products, you may be asked to provide information such as your email address, shipping address, and billing and payment details. You represent and warrant that all information you provide is correct, current and complete. You are solely responsible for the security of your account and all activity under it.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately display the colors, features, specifications, and details of our products. However, images, graphics, and illustrations are for illustrative purposes, and the actual product may vary slightly in appearance. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product and to limit quantities offered to any person or region.

SECTION 3 - MEDICAL DISCLAIMER AND SAFE USE

Our products are intended for personal use with saline solution or medication prescribed by a licensed healthcare provider. Information on our website, product pages, packaging, and marketing materials is provided for general informational purposes only. It is not medical advice and is not a substitute for professional medical advice, diagnosis, or treatment.

Always consult your physician or another qualified healthcare provider before starting any treatment, before using a nebulizer, and regarding which medications, dosages, and treatment frequencies are appropriate for you or your child. Never disregard professional medical advice or delay seeking it because of something you have read on the Services.

You agree to use the product only as described in the included instructions. Do not use the product with liquids other than saline or prescribed medication, do not run the device without liquid, and follow all cleaning instructions. Children should only use the product under adult supervision.

If you experience a medical emergency, severe difficulty breathing, or symptoms that do not improve, call 911 or seek emergency medical care immediately. Our products are not a substitute for emergency medical treatment.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. SameDayRelief reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process payment before an order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order has been processed or shipped. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address you provided.

You represent that your purchases are for your own personal use and not for commercial resale.

SECTION 5 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless stated otherwise, posted prices do not include applicable taxes or shipping costs, which are shown at checkout. From time to time we may offer promotions governed by their own terms; if those conflict with these Terms, the promotion terms govern.

You agree to provide current, complete and accurate payment information for all purchases. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use the payment method, and (iii) you will pay all charges incurred at the posted prices, including applicable taxes and shipping.

SECTION 6 - SHIPPING AND DELIVERY

We currently ship within the United States only. Orders typically leave our warehouse within 1-2 business days. Delivery times shown on our website are estimates and not guaranteed. We are not liable for delays caused by carriers, weather, customs, incorrect addresses provided by you, or other events outside our control.

Title and risk of loss for products pass to you upon delivery to the carrier. If your order is lost, damaged in transit, or has not arrived within a reasonable time, please contact us at samedayrelief.help@gmail.com and we will help you resolve the issue.

SECTION 7 - RETURNS AND REFUNDS

Returns and refunds are governed by our Refund Policy, which forms part of these Terms. Because our products are personal respiratory devices, we can only accept returns of unused items in their original packaging, except for items that are defective or damaged. Please review our Refund Policy before making a purchase.

SECTION 7A - 1-YEAR WARRANTY (AERIS CARE+)

If you purchase the optional 1-Year Warranty ("Warranty") together with an Aeris One device, the following terms apply in addition to these Terms of Service.

Coverage. The Warranty covers manufacturing defects and malfunctions of one (1) Aeris One device purchased in the same order, arising under normal use in accordance with the included instructions.

Term. Coverage begins on the date the device is delivered to you and ends twelve (12) months later.

Remedy. If a covered defect occurs during the coverage period, we will, at our discretion, repair or replace the device. If repair or replacement is not reasonably possible, we may instead issue a refund of the price you paid for the device.

Exclusions. The Warranty does not cover: accidental damage (including drops, liquid damage or crushing); loss or theft; normal wear of masks, mouthpieces and other accessories; damage caused by misuse, use contrary to the instructions, use with liquids other than saline or prescribed medication, or running the device without liquid; and damage resulting from unauthorized repairs or modifications.

How to make a claim. Email us at samedayrelief.help@gmail.com with your order number, a short description of the issue, and a photo or video showing the defect. We may ask you to return the defective device before a replacement is sent.

Transfer. The Warranty is non-transferable and applies only to the original purchaser and the device purchased in the same order.

Business closure. The Warranty is provided by SameDayRelief for as long as SameDayRelief operates its business. If SameDayRelief permanently ceases operations, the Warranty will end on the date of closure and no further claims will be accepted. We will make reasonable efforts to notify you by email at least thirty (30) days before closure, and claims submitted before the closure date will still be handled.

Statutory rights. This Warranty is in addition to, and does not limit, any rights you may have under applicable law.

SECTION 8 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, product names (including "Aeris One" and "PI-316™ Technology"), text, images, graphics, product reviews, video, and audio, and the design and arrangement thereof, are owned by SameDayRelief, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws. You may not reproduce, distribute, modify, republish, or use any materials from the Services for commercial purposes without our prior written consent.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials and are not liable for any harm related to your use of them. Please review any third party's policies before transacting with them.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

SameDayRelief is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with SameDayRelief. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and SameDayRelief, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with SameDayRelief.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes information about your use of the Services to provide and improve them. Please review our Privacy Policy for details.

SECTION 12 - FEEDBACK AND REVIEWS

If you submit any ideas, suggestions, reviews, photos, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including marketing. You represent that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with it, and that it is truthful and reflects your genuine experience. We may remove any Feedback we determine, in our sole discretion, to be unlawful or objectionable.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping times, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 14 - PROHIBITED USES

You may use the Services for lawful purposes only. You may not use the Services: for any unlawful or malicious purpose; to violate any laws or regulations; to infringe our or others' intellectual property; to resell our products without authorization; to harass, abuse, or harm any person; to transmit false or misleading information; to submit fraudulent orders or chargebacks; to impersonate any person or entity; to upload viruses or malicious code; or to interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your access at any time if we determine you have violated these Terms.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to the date of termination. The sections covering Medical Disclaimer, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, and Privacy will survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

Individual experiences vary, and we make no guarantee of any specific health outcome from using our products. EXCEPT AS EXPRESSLY STATED BY SAMEDAYRELIEF IN OUR REFUND POLICY, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SAMEDAYRELIEF, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS, INCLUDING MISUSE OF A PRODUCT OR USE CONTRARY TO ITS INSTRUCTIONS OR TO MEDICAL ADVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. IN ANY EVENT, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless SameDayRelief, Shopify, and our affiliates, partners, officers, directors, employees, agents, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your use or misuse of the Services or products.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right. These Terms, together with any policies posted on this site, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements.

SECTION 21 - ASSIGNMENT

You may not transfer or assign these Terms or any of your rights or obligations without our prior written consent, and any such attempt is void. We may transfer or assign these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws, without regard to its conflict of law principles. You and SameDayRelief consent to venue and personal jurisdiction in the courts of that jurisdiction.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at samedayrelief.help@gmail.com.