These terms and conditions govern the sale of products to you with The One Unit Trust t/a ECIGARETTES AUSTRALIA (hereafter "us", "we", "our"). Completion of a transaction via ECIGARETTES AUSTRALIA by you constitutes an agreement to these Terms and Conditions.
YOU MUST BE EIGHTEEN (18) YEARS OF AGE TO PURCHASE ANY OF OUR PRODUCTS, AND BY AGREEING TO OUR TERMS AND CONDITIONS AT THE TIME OF PURCHASE YOU ARE DECLARING THAT YOU ARE OVER 18 YEARS OF AGE. LIBERTY FLIGHTS RESERVES THE RIGHT TO CANCEL ANY TRANSACTION WHERE IT REASONABLY BELIEVES THE PURCHASER IS EITHER NOT OF THE REQUIRED LEGAL AGE OR PURCHASING PRODUCTS ON BEHALF OF A MINOR.
ECIGARETTES AUSTRALIA ACTIVELY ENCOURAGES PEOPLE NOT TO TAKE UP A NICOTINE HABIT. IF YOU ARE NOT ALREADY A SMOKER THEN PLEASE DO NOT BUY OUR PRODUCTS.
WARNING: NICOTINE IS A POISON. NICOTINE IS HARMFUL. KEEP OUT OF REACH FROM CHILDREN AND PETS AND LOCKED AWAY IN A SAFE PLACE. IF ANY NICOTINE PRODUCT IS CONSUMED, SEEK MEDICAL ASSISTANCE IMMEDIATELY.
Our e-liquids contain Propylene Glycol and Nicotine (unless you order 0% nicotine) as a part of its ingredients. Propylene Glycol is used in everyday use and is considered food safe. Nicotine, however is an addictive toxin and self administration is entirely at the users own discretion and risk. Please make sure that you carry out specific research and read our FAQ section on the website. Do not ingest the liquid directly or have prolonged contact with skin. Keep out of reach of children and pets. Exposure to nicotine can lead to serious injury and death. ECIGARETTES AUSTRALIA are in no way responsible for the misuse and abuse of its products by you the consumer.
Please read these conditions carefully before purchasing products from us.
1. Our contract
When you place an order to purchase a product from us, you will be sent an email from us confirming receipt of your order and setting out the details of your order.
Items sold by us on our website are despatched from destinations around the world. Shipping ECIGARETTES AUSTRALIA are in no way responsible for the detention of any goods by any countries associated customs or legal departments. All orders shipped to Australian and New Zealand are delivered either via Mail Post (allow 14-21 working days for delivery) or via DHL Express Shipping (allow 5-7 standard business working days to metropolitan areas and if you live in a remote area please allow an additional 1-2 days delivery).ECIGARETTES AUSTRALIA do not accept any liability for lost orders and traceable shipping is available on all our delivery options.
3. Returns and cancellation policy
Please note: ECIGARETTES AUSTRALIA only replace an item under a warranty on faulty products. We do not offer a warranty if you do not like the product.
Please check all goods when you receive them as the warranty will run from the date of your receipt.
You will have 8 days from the date of receipt to cancel your order. You can return the order to us unopened and in its original condition to receive account credit or a full refund (customer to pay shipping costs).
The following procedure must be followed in order to carry out a warranty claim:
- Email us informing us of the Order ID (or your full name) and a reference to the item in question.
- A copy of the returns form will be sent out to you. Please note: Failure to fill out the returns form can result in a delay in processing any warranty items.
- Once the goods are received Liberty Flights will test and inform you of the findings.
- If the goods are found to be faulty then we will immediately ship out replacement items or apply store credit to the account holder or issue a refund.
- Please allow 5 working days for accurate testing and a response.
If you do not wish to wait for the warranty procedure to be carried out you may make an additional purchase for the replacement item. If the original item was found to be faulty after testing then a full refund will be issued.
The warranty will be void if the returned goods have not been suitably maintained or kept clean and in good working order.
4. Pricing and availability
Please note: Dispatches are not guaranteed dispatch times and should not be relied upon as such. Ecigarettes Australia reserve the right to change pricing and availability at its sole discretion.
5. Ownership and title
All ownership, title and risk of loss and/or damage in the product you have purchased shall pass to you at the point and time at which such product leaves.
The addressee will be the importer of record and must comply with all laws and regulations of the country into which the products are delivered.
Users of this website who purchase orders for delivery to Australia accept and acknowledge that the onus is on them to order quantities for personal use only. Order quantities must not exceed three months supply of eLiquid containing nicotine and the total quantity of orders imported within a 12 month period, must not exceed 15 months supply. The onus is also on the purchaser to ensure they can legally import and possess our goods under Australian Commonwealth, State and Territory laws.
The product may be subject to import duties and taxes, which are levied once the package reaches the country of delivery. Any such additional charges levied for customs clearance must be borne by you. Please note: We have no control over these charges and cannot predict what they may be at any time in the future.
ECIGARETTES AUSTRALIA is committed to protecting your privacy. We will only use the information collected from you lawfully (in accordance with the Data Protection Act 1998).
We collect information about you for two reasons: firstly, to process your order and secondly, to provide you with the best possible service.
The type of information we collect about you may include: your name, address, phone number and email address.
We will not pass on your details to any third parties.
We will not email you in the future unless it is to respond to any comments or queries you may have or unless you have opted into or signed up to further communications with us.
The personal information which we hold will be held securely in accordance with the law.
8. CHILDREN & PREGNANCY
ECIGARETTES AUSTRALIA does not sell products for purchase by persons under 18 or people who are pregnant.
9. Electronic communications
When you transact with us or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
ECIGARETTES AUSTRALIA will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you submitted your order to us, or a contract for the sale of goods by us to you was formed.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us when you submitted your order to us or when a contract for the sale of goods by us to you was formed.
ECIGARETTES AUSTRALIA does not accept responsibility or liability by law, in any way for death or personal injury caused from the use of our products.
11. Alteration of service or amendments to the conditions
We reserve the right to make changes to our policies, and these terms and conditions at any time. You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
12. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including but not limited to any statutory changes or rulings by any act or customs authority affecting the customs duty payable by you. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing law and jurisdiction
Your relationship with us is governed by and construed in accordance with the laws of AUSTRALIA. The Courts of Australia shall have exclusive jurisdiction over any disputes arising out of these Terms.