Terms & Conditions

Thank You for choosing to shop online online vaping gear with Australian Wholesale Vapes ACN 625 789 102 (referred to as “AWV”).

You can contact Us at:-

Australian Wholesale Vapes
phone: 0412 116 125, 
email: sales@australianwholesalevapes.com.au

These Terms and Conditions (“Terms and Conditions”) govern your use of our website www.australianwholesalevapes.com.au (“the site”) and form a binding contractual agreement between “You” as user of the site, and “Us”, Australian Wholesale Vapes Pty Ltd ACN 625 789 102 (“Us”). In these Terms and Conditions policy “We” “Our” and “Us” means AWV and “You” and “Your” means you, the user or customer of the site, or the customer of AWV.

These Terms and Conditions are important and you should ensure that you read them carefully and contact us with any questions before you use the site.

By using the site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and Conditions and you agree to be bound by them. If you do not agree to the Terms and Conditions, please do not use the site.

1. Use of Website

1.1 We reserve all copyright to all the content of this Site unless otherwise indicated.

2. Accuracy

2.1 Care has been taken to ensure that the prices, products and descriptions of them on this Site are accurate. We do not, however, promise or represent that it is accurate or free from errors or omissions. We reserve the right to make any necessary corrections. In the event that a price of a product You have purchased is displayed incorrectly We reserve the right to terminate the contract before the product has been shipped or, at Your option, to enter into a new contract for the correct price. In this case We will contact You as soon as possible by email or phone and provide You with a full refund. Our pricing policy is carefully monitored by Our staff to provide Our customers with the latest competitive prices. All of Our prices are in Australian dollars and include GST (Goods and Services Tax) as at 1st July 2000. Product prices are dynamically updated by Our inhouse purchasing system when price changes are received by Our suppliers.

3. Orders

3.1  Whilst We make any every effort to make sure that the products on Our Site are available, sometimes Our suppliers may be unable to supply the advertised product. We do not warrant that all of the products are in stock. If the product You have ordered is not in stock We reserve Our the right to terminate the contract immediately. In this situation We will contact You immediately by email or phone and provide a full refund.

3.2  We reserve the right to accept an order in whole or in part.

3.3  Upon the acceptance of an order, an individual contract for the supply of products will be formed on these Terms and Conditions.

3.4  No order may be cancelled or varied after acceptance by Us, provided however that We reserve the right (without prejudice to Our other rights) to immediately cancel any order or suspend any delivery without incurring any liability to you if:-

(a).  You are in default of payment of any monies to Us or are in breach of any of the warranties or conditions contained in these Terms and Conditions; or
(b).  You are an individual and commit an act of bankruptcy; and
(c).  You become insolvent under administration, are an externally administered body corporate, have an application for winding up filed against You or have a receiver or manager appointed to the whole or any part of your assets or business.

4. Payment of acceptance of offer to purchase

4.1 All major credit cards are accepted. Processing is done via a third party international credit card merchant. We will notify You by email if the initial charge to Your card is declined. If Your credit card is declined We will cancel Your order. Please note that goods will not be purchased until payment is received. You must pay for the goods when placing Your order. We will send You a confirmation email once Your order has been confirmed. This email constitutes Our acceptance of Your offer to purchase Our goods.

5. Security Information

5.1 At the time You place Your order and are asked to supply personal information You enter a secure environment. From that time the link between Your web browser and the Our online shop will be protected using a security certificate. This will be indicated. You should note that credit card numbers will not be stored on Our Site and will never be made publicly available. All information concerning Your order is encrypted and can only be viewed by members of the Our online shop team with authorised access to that information.

6. Privacy

6.1 Any personal information collected by Us will be dealt with under Our Privacy Policy. Our current Privacy Policy is available on this Site.

7. Warranties by You

7.1 Under the Tobacco and Other Smoking Products Act 1998 electronic cigarettes are considered to be “smoking products” and are subject to the laws in place for tobacco cigarettes. The products fall within the description of a “personal vaporiser”, being a device that is capable of being used to deliver a substance into an individual’s body when the individual inhales through the device (and having a battery cartridge or container to store liquid vapour and an electronic heating element). These products cannot be sold to children under 18 years.

7.2  You warrant to Us that You are the person to whom We may supply the goods to under the Tobacco and Other Smoking Products Act.

7.3  Both You and the person placing the order for the goods further warrant to Us that:-

(a).  You, he or she is not under the age of 18 years; and
(b).  You, he or she is not procuring the product for or on behalf of a person who is under the age of 18 years;
(c).  a person over the age of 18 years will be receiving delivery;
(d).  You have the legal capacity to enter into these Terms and Conditions.

8. Therapeutic Goods Legislation

8.1  Electronic cigarettes are not approved as an aid to quit smoking in Australia and are not currently listed in the Australian Register of Therapeutic Goods.

8.2  We do not make any claim or provide any warranty to You that the goods can be used as an aid to reducing dependence on nicotine (i.e. as a therapeutic good) or that these goods may help You quit smoking.

9. Electronic Cigarettes that contain liquid nicotine

9.1  We confirm that none of the goods sold contain liquid nicotine. Electronic cigarettes which contain liquid nicotine are currently illegal in Queensland. Nicotine is currently classified by Australian Law as a dangerous poison under the Poisons Standard and can cause serious injury or death.

9.2  The effects of inhaling chemical flavours have yet to be fully determined. We make no warranty about the safety of the products or effects of using the products on Your health and You agree to use the products at Your own risk.

10. Payment Terms

10.1 We reserve the right to charge card surcharges in the event payments are being made using a credit, debit or charge card including Visa, Mastercard, American Express or Diners Club.

11. Title to Products

11.1 Ownership in the products does not pass to You until You have paid for the products in full.

12. Postage and Shipping

12.1  Goods are only shipped within Australia; if a purchase is made outside of Australia We reserve the right to terminate the contract. A full refund will be given in these circumstances.

12.2  All stock will be posted through Australia Post. If You wish to have track and trace put on Your goods or to have Your product sent via registered post You will need to notify Us on completion of Your order and an extra fee will apply for this service.

12.3  Australia Post and any other delivery service as may be used from time to time operate independently of You and We accept no responsibility for any loss or damage caused to any goods after they have been posted. The risk of loss or damage to any item passes to You once We have provided the goods to Australia Post or any other delivery service which We may use.

12.4  We will endeavour to dispatch all orders within 1 to 2 working days of receiving the order and endeavour to deliver all orders within 3 to 10 business days from the receipt of order (within Australia).

13. Online Returns Policy

13.1  We do not offer change of mind refunds and returns on the products.

13.2  All products sold by Us must be:-

(a).  fit for all purposes for which goods of that kind are commonly supplied;

(b).  acceptable in appearance finish;

(c).  free from defects;

(d).  safe;

(e).  durable.

13.3  You can return an item to Us if:- 

(a).  it is faulty;

(b).  it is incorrectly described;

(c).  it is different from a sample shown;
(d).  it doesn’t do what We said it would;

(e).  it is not of an acceptable quality.

If the product is unsafe, cannot be fixed within a reasonable time or You simply would not have bought it given the nature of the defect We will offer You an exchange, refund or repair. To ask for an exchange, refund or repair You will need to prove that You purchased the product via Our online shop within 21 days of purchasing from online. Please return Your item with Your name, order confirmation and the reason for Your return. If You can’t provide an order confirmation, another form of proof of purchase would be required. Please contact #phone number to be inserted to find out where You need to find out where You need to return Your item. If a return is made You will be liable for any postage costs. If the product is assessed to be faulty or unfit for its intended purpose refunds will be issued using the same method as your original payment. 

The provisions of this clause 13.3 do not derogate from any rights you may have under law, including the Australian Consumer Law.

 

14. Incorrect details supplied

14.1 Please note that acceptance of Your order implies that We will fulfil Your order within the time specified in the delivery standards. The following situations are exceptions:-

(a).  if and when incorrect payment details, including credit card details, are supplied;
(b).  where correct credit card details are supplied but funds are not approved
(c).  where fraudulent activity is suspected/identified;
(d).  where cleared funds through Your nominated payment method have not been received.

In the event that You supply incorrect payment or delivery details, We will take all reasonable steps to contact You using the personal details You have provided. In the event that Your supplied contact details are incorrect however We will not be held responsible for not fulfilling Your order, or for being unable to advise You that this is the case.

15. Liability

15.1  To the fullest extent permitted by law (and most importantly the Australian Consumer Law), We exclude all warranties and representations or terms (whether expressed or implied) in respect of the supply to You of the products other than those expressly set out in these Terms and Conditions.

15.2  Where any of the consumer guarantees under the Competition and Consumer Act 2010 (“the CCA”) apply to any products supplied by Us to You and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, the liability of Us under or arising out of the supply of goods or services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at the option of Us to:-

(a).  if the breach or the liability relates to goods:-

(i).  the replacement of the goods or the supply of equivalent goods;

(ii).  the repair of the goods;

(iii).  the payment of the cost of replacing the goods or requiring equivalent goods; or
(iv).  the payment of the cost of having the goods repaired;

(b).  if the breach or the liability relates to services:-

(i).  the supplying of the services again; or

(ii).  the payment of the cost of having the services supplied again.

15.3  Except to the extent that the law, including the CCA, provides that liability is not able to be excluded, We shall not be liable under any liability to You in respect of any loss or damage (including negligence, consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the products, any services supplied by Us or the failure of Us to comply with these Terms and Conditions.

15.4  These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations.

16. Intellectual Property

16.1  The supply of the products to You does not constitute a transfer of any intellectual property rights in the products or any part thereof. You must not do anything inconsistent with or infringe intellectual property rights belonging to either us or the manufacturer of the products.

16.2  We do not warrant that the supply by Us and the use by You of the products does not and will not infringe intellectual property rights of any third party.

17. Links to Our Site

17.1 If You wish to establish a link to this website You must first seek approval from us. To seek approval please contact Us with details of:-

(a).  The URL of the website You seek to establish a link from;
(b).  A brief description of Your website;
(c).  The reason that You wish to establish a link.

18. Third Party Websites

18.1 If this Site contains links to other websites We do not endorse, sponsor or approve any content available on any linked website.

19. Jurisdiction

19.1  This contract is formed in Queensland.

19.2  These Terms are governed by and will be construed in accordance with the laws of Queensland, Australia and (in the event of a dispute) the parties agree to submit to the jurisdiction of the courts of that State and the Federal Court of Australia.

20. No Waiver

20.1 The failure by Us to exercise, or any delay in exercising, any right, power or privilege available to it under these Terms and Conditions will not operate as a waiver or preclude any other or further exercise or the exercise of any other right or power.

21. General

21.1  You must not assign, sub-licence or otherwise deal in any other way with any of Your rights under these Terms and Conditions.

21.2  If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

22. Variation

22.1 We may change these Terms and Conditions at its discretion and without notice.