Terms and Conditions
In this agreement, we refer to you, the purchaser as "you" or "your" and vapesmith.co.nz as "us", "we" or "our".
This agreement applies to all purchases of vapesmith.co.nz. Products by you from the vapesmith.co.nz website and replaces all previous agreements between you and us.
We may change the terms of this agreement from time to time using the process set out in clause 18.
This agreement is important. You should ensure that you have read it thoroughly prior to purchasing any products on our website.
"Agreement" means this agreement and includes any other terms incorporated into it by reference;
"Information" means all information supplied by you to us via the website or otherwise and includes, for example, your name, contact details, credit card details and your payment and transactions history;
"GST" means goods and services tax;
"Late payment interest rate" means 1.5%
"Products" means all products available for purchase on our website;
"Website" means our website, accessible via the www.vapesmith.co.nz domain name.
3. Purchasing Terms
When purchasing products on the website you confirm and acknowledge that:
- You are 18 Years Old or Over to any products from our website and that you can produce sufficient evidence (e.g. NZ's driving License or Passport or valid 18+ card approved by the government ) of that entitlement on request prior to or upon delivery of the products;
- All information supplied by you to us is true and correct at the time you make any purchase on the website;
- Notwithstanding the above, we may refuse to accept your order at our sole discretion;
- We may disclose your information to your bank or credit card company and for the purposes of any debt recovery proceedings we may issue against you;
- We may restrict your ability to purchase products via the website by imposing a credit limit on your account;
- You acknowledge that you are the age of 18 Years Old or Over when making any purchase(s) or Orders on this website, you have read and accepted the terms and conditions that are set out and that you agree to enter into a legal contract with us;
- We reserve the right to take any legal action(s) against you and seek compensation for any loss or damage we may suffer from any purchase(s)/Order(s) made by a minor or from the parent/guardian of a minor who caused the purchase(s)/Order(s) to be made.
Product prices quoted on our website are inclusive of GST. You must pay us the full price quoted.
We reserve the right to vary prices without notice.
4.1. Transit Cost
Product prices are quoted exclusive of transit costs. Any courier or handling charges in relation to your order will be notified to you at the time you place your order and be added to the price.
4.2. Mistakes by computer/human error
i. In the event that computer error results in a material misstatement of the price of your order we may, prior to your receipt of the order or at any time thereafter, require that you pay us the difference between the amount actually paid by you in respect of your order and the correct amount payable.
ii. In the event that we become aware of any misstatement prior to delivery, we will make reasonable endeavors to contact you and advise you accordingly. You may elect to cancel your order to the extent of the misstatement.
5. Product availability
All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be responsible for our inability to supply products to you where they are not presently available or where our stock of the relevant product(s) has been exhausted.
In the event that we are unable to supply products in the quantities specified in your purchase order, you may elect to cancel or vary your order by agreement with us.
Product availability online may differ from availability in stores. Online prices are not necessarily reflective of in-store prices. Online prices are exclusive to online purchases. Pricing for the same or similar items may differ between stores at each store’s management’s discretion.
6. Processing time of orders
Orders placed before 3 pm will be processed and dispatched to NZPost on the same day.
Orders placed after 3 pm will be processed and dispatched to NZPost the next working day.
Orders placed on Saturday and Sunday will be processed and dispatched to NZPost the next working day.
Orders placed on a public holiday will be processed and dispatched to NZPost on the next working day.
7. Shipping Cost
All orders will be shipped with overnight delivery and signature required. Although we use overnight delivery, factors such as but not limited to delays with NZPost, stock availability, and other factors out of our controls may delay your shipping.
Overnight Courier (Excludes rural & Saturday deliveries): $5.00 NZD
Rural Courier (1-4 working days): $7.00
7.3. Saturday shipping
i. Targeted but not guaranteed.
ii. No refund will be issued if Saturday deliveries were not made on time.
iii. Only orders placed before Friday 12 pm will be eligible for Saturday delivery.
iv. Not available for rural deliveries: $8.00 NZD
7.4. Authority to Leave (ATL)
All parcels are shipped with signature required. Vapesmith is not responsible for any lost, damaged, or stolen parcels if your parcel has been successfully made with Authority to Leave (ATL) by NZPost. If your property is under ATL with NZPost, it is your responsibility to make sure that the parcel is delivered successfully. For more information, please visit the NZPost website.
7.5. Additional Fee
i. At the unlikely event, we may require you to pay shipping fees should you have provided us an address that does not accurately charge you the correct shipping fee(s). Should this occur, we may place your order on hold and will contact you (via phone/email) to let you know.
ii. In the event that we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you and you have agreed to deliver at a later date.
iii. Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).
iv. Advice regarding order shortages or damage in transit must be given to our customer service team no later than three days after receipt of products.
v. Delivery is complete when the products reach the address you have specified for delivery. We will be responsible for arranging the delivery of products unless you arrange otherwise with us
vi. Nothing in these terms entitles you to return the products as being surplus to your needs, or for any other reason other than set out herein.
7.6. Rest of the world
Courier Service: DHL
Estimated Delivery: 2-10 working days
Price: From $45.00 NZD
i. Due to different laws and regulations in different countries, we do not guarantee that your parcel will arrive at you. As such, we will not take any responsibilities should your parcel be seized by customs or other parties involved in shipping your parcel. No refund will be provided should this occur.
ii. We reserve the right to place your order on hold or cancel your order should we suspect that the product may not be able to be shipped to you. If such a case arises, you will be notified via email.
iii. If your parcel has been returned back to us if it could not be delivered, we will contact you via email to advise you. Should we deem that your parcel could not be delivered in this case, we will cancel your order and process a refund. We will not refund the cost of shipping and/ will deduct any extra cost of the parcel being returned back to us from your purchase price.
8. Wrong Order
In the rare event that the product(s) that you have received is incorrect. We require you to contact us by email/phone within 48 hours from the time the product has been marked as delivered by NZPost, Australia Post or DHL Express; Whichever service is used to ship your product. If you do not contact us within this timeframe, we will assume that you have accepted the error and a refund or exchange will not be provided.
Due to hygienic reasons, if you have received the wrong product (e-liquids, devices, etc), we require you to keep the product sealed and unopened and notify us within the time-frame as mentioned above. We will be unable to issue a refund or exchange if the product(s) has been opened or the seal has been damaged.
9. Damaged parcel upon arrival
If your parcel arrived damaged due to shipping, we require you to contact us by email/phone within 48 hours from the time the product has been marked as delivered by NZPost, Australia Post or DHL Express; Whichever service is used to ship your product. If you do not contact us within this timeframe, we may not be able to provide you a refund or replacement.
In some cases, we may be required to open an investigation with the courier service used to ship your product prior to sending a replacement or issuing a refund to you. Please allow up to 10 working days from the time that an investigation is opened for a replacement or refund to be issued (depending on the courier service investigation).
10. Payment Terms
10.1. Payment Terms
i. You must pay us in full and in cash or by credit card (as applicable) at the time that you submit your order unless we have agreed to give you credit.
ii. If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.
iii. If we agree to give you credit, you are required to pay us in full no later than the 19 days following the date of your order ("due date"), provided that if in our sole opinion and unsatisfactory feature develops in our trading relationship with you, we reserve the right to cancel the credit period and require that you pay us immediately.
10.2. Remedies for non-payment(s)
i. We will charge you interest at the rate of 1.5% per month if your account is unpaid after the due date. Interest will accrue on a daily basis and will continue to be payable even if we obtain a court judgment.
ii. We reserve the right to recover any products for which you have not paid by the due date. You agree that we shall not be responsible for any loss or damage arising as a result of recovery and resale of the products save where such loss or damage arises from our negligence including that of our employees and contractors.
iii. All costs associated with the collection of any unpaid amounts will be charged to you in the event that your account remains unpaid.
10.3. Bank Transfers
i. All payments made to us by Bank Transfer will require proof of ID to be sent to us via email before your order will be processed. We accept the following as a valid proof of ID (All IDs must be valid and not expired).
- Passport Driver
- Driver License
- Kiwi Access Card (also known as 18+ Card)
ii. We will require you to send your ID with the same email provided on the order. Should the proof of ID be invalid or is not acceptable, we reserve the right to place your order on hold or cancel your order entirely. If you are a registered member with us, we will update your account with your proof of ID. Please note that from time to time, we may require you to provide us with your ID to us again.
Please be noted that LayBuy is only available online, not in-store.
11.1. We represent and warrant to you that:
i. We have the right to sell the products to you.
ii. The products are not subject to any undisclosed security or charge.
iii. You have the right to undisturbed possession of the products.
11.2. We represent and warrant to you that the products:
i. Are of acceptable quality having regard to their nature, the price, representations made by us, and any statements made on packaging or labels.
ii. Are reasonably fit for the purpose that we represent.
iii. Supplied by description correspond with their description.
12. Cancellation, Returns, and Replacement
Subject to clause 11 of this agreement:
- After we have accepted your order for the products, you may not cancel the order without our consent.
- We will not consent to cancellation if we have processed documentation in fulfillment of your order.
- Returns for credit will be given at our discretion. The cost of the return is your responsibility.
- In the event that we consent to cancellation, we may require you to pay a minimum handling shipping charge exclusive of GST per case.
13. Use of your information
You acknowledge that we, our employees, carriers, contractors, and agents may use or disclose any of the information identified in the previous paragraph for purposes connected with the supply of the services to you. Examples of purposes connected with supply include, for example:
- Administration of your account with vapesmith.co.nz or on the website.
- Carrying out credit checks.
- Keeping you up to date with new offers/changes at vapesmith.co.nz;
- Sharing with contractors to enable you to use or facilitate your use of the website.
During the term of this agreement, your use of the website will generate certain information that will be recorded electronically by us. Information of this type may include, for example, your IP address, your usage statistics, etc. We will also record your contact details, credit information, and any related personal details that you supply or that we obtain independently.
You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.
14. Consent to receive electronic messages
You agree by registering on this website that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you.
15. Intellectual property rights
We own, control, or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio, and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services, or saving website content, for your own personal use. You may not display or distribute the content of any part of the website or its content in public, including any reproduction in any form on the Internet, without our express permission.
Any infringement of our intellectual property rights will be fully enforced under New Zealand law.
16. General terms
No Waiver: No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice any right, of that party.
Severability: If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed, and the remainder of the terms will remain in full force and have full effect.
Privity: Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
The website is provided for use by New Zealand residents. We make no representations that the website complies with the laws of any country outside of New Zealand. If you access the website from outside New Zealand, you do so at your own risk and you are responsible for complying with the laws in the place where you use the website when purchasing products online.
This agreement is governed by New Zealand’s law and any legal action against us must be taken in a Court in New Zealand.
You may not assign any rights under this agreement except with our prior written consent.
We may assign our rights under this agreement without seeking your prior consent.
We will send all invoices and notices required under this agreement to the address (postal, fax, or email) that you have nominated as your preferred method of contact. It is your responsibility to ensure that you keep us informed of any changes to your contact details.
You will be deemed to have received a notice:
- Sent by email or fax, at the time that we send it;
- Sent by post, four days after we send it.
We may change the terms of this agreement by sending you notice ("amendment notice") to that effect by your preferred contact method and supplying you with the amended agreement.
The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.
21. NZPost Regulations
As due to NZPost’s new regulations and standards in the shipment of vaping products, all parcels shipped will have an R18 sticker. This means that if your parcel has an R18 sticker on it, you will be required to be at the property and provide ID to the Courier Deliverer to be able to receive the parcel. We do apologize for any inconvenience that this may cause our valued customers and we thank you for your continuing support. This change will affect all New Zealand parcels and not Australian orders. Please see below for more information about the new changes:
21.1. Authority to Leave (ATL)
Should you wish to have your parcel sent without an R18 sticker, please email us a copy of your ID to Info@vapesmith.co.nz and we will find an alternative way to send your parcel. Please note that we can only accept the following IDs: Driver License, Passport, Kiwi Access Card (formally known as 18+ Card).