TERMS & CONDITIONS
PodVapes.com.au is an online vape store operated by PodVapes Pty Ltd. (PodVapes Australia), a company incorporated pursuant to the laws of Australia, with Business Registration Number 33629056471 and with registered offices located at 8A Donar Street, Innaloo, Western Australia, 6018.
PodVapes Australia is a subsidiary of and service provider to PodVapes Limited (PodVapes Hong Kong), a company incorporated pursuant to the laws of Hong Kong with registration number 2870991, and with registered offices at Room 1203, 12/F, Tower 3, Canton Road, Tsimshatsui, Kowloon, Hong Kong.
PodVapes Australia operates the online vape store, PodVapes.com.au, on behalf of PodVapes Hong Kong which is the vendor of record of the products sold on this site. As part of its services, PodVapes Australia verifies the age of purchasers before directing purchasers to the PodVapes Hong Kong merchant account for payment.
Website (referred to as "PodVapes™", "our", "us", "we").
In these terms:
(1) “you”, means anyone who visits or uses this Website
(2) "Order" means an offer to purchase made by you in response to an invitation to treat made by us from this Website.
(3) “third party” includes any agent or contractor of us or of any of our related bodies corporate, and any person engaged by any of us, in the creation, provision or maintenance of this Website or in the fulfilment of Orders made through this Website.
We reserve the right to revise these Terms and Conditions from time to time at our discretion. Such revisions will be effective immediately upon publication on this Website. We recommend you review these Terms and Conditions for amendments each time you use the Website and before placing any Order. By continuing to use this Website after such publication, you are deemed to agree to be bound by these Terms and Conditions as revised.. Should we choose to provide you with notice of amended terms, you hereby agree to receive email notification of the amendments from us or a third party on our behalf.
2. Guests and Registered Users
(1) To become a member of the Website, you must upon request provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the Website.
(2) You will receive an email from us immediately after you create your membership account.
(3) We only permit one membership registration per email address.
(4) You must not use another members’ account.
(5) You must keep your password secure and you are responsible for any activity using your membership. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(6) If you forget your password you may click on the relevant link located on the Website and we will email you a new password.
(7) We reserve the right to terminate a member’s account immediately without notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.
3. Legal Capacity
(1) You are a natural person. You are not a corporation, partnership, organization or any business.
(2) You must be eighteen (18) years of age or over to register as a member of the Website or to purchase products from this Website.
(3) Any Order or purchase made by you using this Website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms.
(4) We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
(5) PodVapes™ assumes that all customers who enter into an agreement of purchase and sale have arranged and acquired a medical prescription for nicotine inhalation from their registered medical practitioner before purchasing goods from this Website.
(6) For orders tagged as High Risk or Fraudulent, we will be requiring you to send us a copy of your Photo ID. This is for the protection of both parties.
4. Restrictions on Purchases: Quantity Limits; Personal Use Only
(a) You are only permitted to purchase the products offered for sale on this website if you are buying for your own personal use. You cannot buy any products from this website for or on behalf of anyone else. You cannot buy any products from this website on behalf of a corporation, organization, partnership or any business or commercial enterprise. You cannot buy any products from this website for distribution whether for retail sales or wholesale sales. FOR GREATER CERTAINTY: PURCHASES FROM THIS WEBSITE CAN ONLY BE FOR YOUR OWN PERSONAL USE.
(b) When you purchase goods on this website, you are importing the goods into Australia. Under TGA’s Personal Importation Policy, the individual importing should only be importing a quantity consistent with personal use up to a 3-month supply and declare the product is for the person’s own use and not for distribution.
(c) You can only purchase goods from this website for your own personal use in the state in which you reside. There may be prohibitions against the purchase of goods sold on this website by states other than the state of your residence. We are only selling you goods from this website for your personal consumption in the state you indicated as the state in which you reside.
5. Product Offers and Orders
(1) This Website and the information on it constitute an invitation to treat and not an offer to sell or supply products.
(2) We will advertise each item of the goods described in this Website ("Offer Goods") for sale until the date specified in the relevant advertisement, or if the Offer Goods have not been advertised in an advertisement, until such time as the Offer Goods are removed from this Website ("Offer Period"), for a price not greater than the price specified in this Website for that item ("Offer Price"), subject to these Sales Terms.
(3) Please refer to our returns policy regarding returning online orders. We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order. Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Sale Terms.
(4) You and we may enter into a contract for the sale and supply of products by you making an offer via the Website to purchase a product at the price advertised on the Website by:
- (i) placing an electronic Order for the products using the Website;
- (ii) you confirming the Order details in accordance with the procedure on the Website;
- (iii) you making payment in full (plus any applicable delivery charges) on the Website; and
- (iv) our acceptance of that offer in accordance with these Sales Terms.
(5) When entering into a sale contract via the Website, you will be taken to have communicated your offer to purchase the products only when:
- (i) all requirements set out in these Sales Terms have been met;
- (ii) the electronic instruction containing the offer from you enters and is recorded in our database;
- (iii) a record is created and stored in our database; and
- (iv) we receive in our account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(6) You acknowledge that:
- (i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party Website providers or systems;
- (ii) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the Website, or any failure to receive an electronic instruction for whatever reason;
- (iii) we may act on and process all completed electronic instructions transmitted or issued through the Website without further consent from or reference to you; and
- (iv) we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(7) You will receive an email from us immediately after you have confirmed your Order and made payment.
(8) If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(9) We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the Website, or an error in your Order.
(10) We endeavour to ensure that any representations made about stock availabilities are accurate to the last known stock level. You acknowledge that stock availabilities are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.
(11) We will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from us.
(12) If a price for a product is listed with no price or at a price far below or above market value, without reasonable cause, it is likely this is an IT or Website error and you agree that we will not honour this as a legitimate payment for the product and you accept that you will pay the correct list price for this product (determined by PodVapes™) on correction or accept a full refund of the incorrect price originally paid.
(13) All products are subject to a maximum of 12 months warranty, unless stated otherwise. Warranty period starts from the original date of sale.
(14) Combined Shipment(s). When possible, items from multiple orders will be combined into the same package. This helps to reduce the number of packages sent to you, so you receive fewer packages and have less packaging material to dispose of when you receive your orders.
This helps us to reduce waste and our impact on the environment.
Items from multiple orders may be combined into the same package if the orders meet the following criteria:
- Multiple orders are placed through the same customer account
- The orders are being shipped to the same address.
- The orders are placed at around the same time.
6. Order Enquiries
If you have any query about the progress of your Order please contact us at firstname.lastname@example.org
Please have your Order Number handy as shown on the email confirmation.
(1) Prices shown are in Australia Dollars and include taxes where applicable. Prices do not include any costs associated with set-up or installation, which shall be your responsibility. Prices may not include delivery and handling charges. We may vary any prices on this Website at any time without notice to you.
(2) Each published saving in respect of a product is by reference to the recommended retail price of the manufacturer or our normal ticketed price.
(3) We do not represent that any product offered via the Website will be offered by or available from any PodVapes™ store, or at all.
(4) Images of products shown without any advertised price beside that image are not offered for sale.
(5) Unless otherwise stated, any accessories, shown in any image of products are not included in the price.
(6) We reserve the right to correct any errors.
(1) All payments must be made by you in full.
(2) Payments must be made via the credit card facilities accessible via the Website and will be subject to any terms and conditions of this payment processor upon authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees (if any).
(3) The Website employs the latest in security technology from the TNS secure payment gateway to secure our payment systems.
(4) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you in connection with your use of the Website including in the event of damages suffered in the event your credit card or TNS account is fraudulently used or is used in an unauthorised manner.
(5) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.
9. Supply and Delivery
(1) Subject to your compliance with these Terms and Conditions and our acceptance of your Order, we will sell and supply the products to you as shown on your Order confirmation..
(2) Extremely popular or rare products may not be in stock and will be required to be ordered. This timeframe is the average manufacturing lead time required by suppliers. We will contact you on or about the time we receive your Order to notify you of the indicative delivery date and ask if you would prefer a refund or replacement product of equal value.
(3) When you complete your Order you will be prompted to select an address specified by you for delivery.
(4) Other than in respect of Orders for regional or remote areas, if we give you notice that it will be unable ship your Order within 7 business days of receipt of your Order due to lack of stock you may cancel your Order without charge, and we will, upon request to the Customer Team, arrange for a full refund of any payment made by you for that Order to be processed.
10. Delivery by Post or Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) On receipt of your Order, your Order will be dispatched to you to your specified delivery address
(3) If you Order large or bulky items, we will contact you by telephone or email to arrange with you a suitable time for delivery.
(4) You will be required to be available in person to accept all deliveries.
(5) If you wish to change the delivery date or delivery address you must let the Customer Team know at or before 5:00pm on the date you place the Order.
(6) We will use our best endeavours to deliver your Order within any stated timeframes for dispatch; however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(7) You must advise at the time you place your Order via the Website, or later when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as remote rural locations, restricted access, stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location, or a rural location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
(8) We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
(9) If you select ‘Overnight Delivery’ or ‘Saturday Delivery’ option, and after receiving your Order, we determine we are unable to deliver your Order at the scheduled time (for whatever reason), we will contact you by phone or email to arrange an alternative time for delivery.
(10) Any orders addressed to the same address will be combined.
11. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you when your order is received by the Courier Company.
12. Damaged Products and Acceptable Quality
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have: (a) legal rights and remedies under the Competition and Consumer Act 2010 (“CCA”); or (b) the right to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please refer to our Returns Policy for more information on our policy regarding online orders when you have changed your mind or the product was not what you expected.
(3) If your Order arrives damaged or is not of acceptable quality, please contact us at email@example.com.
13. Privacy and Personal Information
(2) We or our third parties may collect personal information directly from you when you register as a member of the Website, when you place an Order, or when you contact our Customer Team. Personal information may include your name, residential or postal address, telephone number and email address.
(3) We and our related bodies corporate and our third parties may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that we and any of our third parties may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the Website that we consider may be of interest to you. If you would prefer not to receive promotional or other material from us or our third parties, please let our Customer First Team know. You also agree that we may contact you by telephone to arrange delivery or collection of your Order.
14. Disclaimer and Indemnity
(1) To the extent permitted by law, we and each of our related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the Website;
(b) you acting, or failing to act, on any information contained on or referred to on the Website or any linked Website;
(c) personal injury or property damage of any kind resulting from your access or use of the Website;
(d) any unauthorised access to or use of the Websites secure servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party; or
(g) the quality or fitness for any purpose of any product or of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, we and our third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the Website.
(3) You will at all times indemnify, and keep indemnified, us and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these .
(4) Nothing in these Sales Terms is intended to avoid the provisions of the CCA except to the extent permitted by the CCA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Sales Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CCA shall not apply.
15. Force Majeure
We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.
16. Transfer and Assignment
If we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.
Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.
18. Applicable Laws
This Website and these Terms and Conditions shall be governed by, and construed in accordance with, the laws of Australia and the courts of Sydney, Australia shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Sydney, Australia and agree that the courts of Sydney, Australia are a convenient forum in which to resolve any dispute arising in relation to this Website or these Terms and Conditions.
The information contained on this Website has been prepared in accordance with Australian law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this Website are appropriate or available for use in other countries. If you choose to access this Website from outside Australia, you are responsible for compliance with applicable local law.
19. Contract Information
The information contained on this Website constitutes an invitation to treat and not an offer to supply goods or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these Terms and in accordance with our then current terms of trade including our Online Sales Terms. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgement, to have been placed fraudulently or in an effort to supply trade re-sale.
The information contained on this Website is intended for general information only. While we endeavour to ensure that information on the Website is correct, sometimes errors or inaccuracies do occur, for which we apologise.
We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this Website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this Website. We reserve the right to make changes at any time and without notice to you, to any element of this Website.
To the extent permitted by Australian law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this Website or any other Website.
Except as otherwise described, all materials on this Website are made available only to provide information about this Website, and the products which may be ordered from this Website.
Details contained on this Website relating to the products and the sale of the products through this Website have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from this Website are appropriate or available for use in other countries. If you choose to access this Website from outside Australia you are responsible for compliance with applicable local law.
21. Price, Products And Services
All prices on this Website are in Australian dollars. Sales transactions for the products available for sale on this Website are exempt from GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason.
Prices are subject to change, and do not include display accessories, options or delivery.
22. Intellectual Property
This Website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this Website, are owned by us, or in some cases, a related body corporate or third party, and unless stated, is copyright. These intellectual property rights are protected by Australian and international laws.
You may view our Website and its contents for personal and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1968. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another Website or create derivative works from any part of this Website or commercialise any information obtained from any part of this Website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Nothing contained in this Website is to be interpreted as a recommendation to use any information on this Website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this Website will not infringe such intellectual property rights.
23. Other Websites
Please note that although this site may have some hyperlinks to other third party Websites, these sites have not been prepared by us and are not under the control of us. These links are provided for convenience only and may not remain current nor maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their Websites, or any information, products or services referred to on those third party Websites unless expressly stated. You link to these Websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such Websites. We are not responsible for the availability of any of these links.
24. Secure Data
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit information to this Website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the Website, please contact us immediately by email at firstname.lastname@example.org.
Given the nature of the internet, we cannot guarantee that this Website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this Website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked Website.
We may use a cookie file containing information that can identify the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), browser (e.g. Microsoft, Netscape or other, plus the version of Browser) and domain (whether you are accessing the site from Australia or elsewhere).
27. Use of Your Information and Material
We appreciate any suggestions ("unsolicited ideas") you may have regarding ways in which this Website may be improved or materials which we may add to this Website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Website or any linked Website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this Website or the information that it contains.
The use of the information on this Website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this Website or provided through this Website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, any information that you provide to us via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010.
30. Competition and Consumer Act 2010 (CCA)
Nothing in these Terms is intended to avoid the provisions of the CCA except to the extent permitted by the CCA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CCA shall not apply.
31. Electronic Transactions Act
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect.
33. Changes to Website, Termination of Access
We may, from time to time, add or remove information, products or services from this Website without notice. We reserve the right to make such amendment at any time without notice.
We may terminate your access to this Website at any time without notice. Where your access to this Website is terminated, all disclaimers and limitations of liability set out in these Terms and Conditions will survive.
CUSTOMER SUPPORT / CONTACT INFORMATION
Questions about these Terms and Conditions should be sent to us at email@example.com