Terms and Conditions

TERMS & CONDITIONS

BY ENTERING THIS SITE YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OLD OR OLDER.

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark laws.

Revisions

The materials appearing on this website could include technical, typographical, or photographic errors. One Vape Australia does not warrant that any of the materials on its website are accurate, complete, or current. One Vape Australia may make changes to the materials contained on its website at any time without notice. One Vape Australia does not, however, make any commitment to update the materials.

Legal Capacity

You are a natural person. You are not a corporation, partnership, organization or any business.

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.

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.

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.

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.

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.

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.

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.

* 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.

* 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.

Disclaimer

One Vape Australia do not make any therapeutic claims regarding our products. Our products are sold purely for recreational purposes.

No products contain nicotine.

One Vape Australia products are not for re-sale.

WARNING: Our products are to be used only by persons under 18 year of age or older. They are not intended for women who are pregnant or breast feeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medication for depression or asthma.

One Vape Australia strongly advises that all Australian residents check their local state legislation regarding the use of electronic cigarettes in their state of residence. The information provided here cannot be considered as binding legal advice.

All prices on this website are in Australian dollars and inclusive of GST.

Nicotine is classified as a poisonous substance. Due to Australian laws, We are not able to provide you with nicotine based E-liquid within Australia.

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.

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.

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.

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 you are responsible for compliance with applicable local law.

Warranty and Return Policy

All sales are final. Each product has different warranty periods or may not have any warranty at all. Please be sure to check the warranty periods of your purchased products from their respective product pages. Products that are faulty and require repairs must be posted back to the manufacturer. One Vape Australia does not perform repairs on faulty/damaged products.

The warranty period starts once the product has been posted to the purchaser.

This warranty does not cover misuse, deliberate/accidental damage or damages caused by wear and tear.

This warranty does not cover merchandise failure or damage caused due to improper use or unauthorized repairs.

This warranty does not cover merchandise failure or damage as a result of excessive force such as dropping.

This warranty does not cover merchandise failure or damage as a result of usage outside of recommended usage conditions.

This warranty does not cover merchandise failure or damage caused by improper use of water or other liquids.

If the item is not in full working condition, the customer is required to contact Dripfx.com.au and notify the function defects. One Vape Australia will then provide a return address for the customer to post the product to. The return postage costs are the sole responsibility of the customer.

All our products come with warranties that are covered only by the manufacturer. We do not have a Technical Department or the facilities to test faulty items. The faulty items must be sent back to the manufacturer, as they are the warranty providers and will be providing a replacement product or a refund - whichever they see fit according to the situation of the faulty product. The manufacturer will be able to distinguish whether the fault is due to actual faults in the product - whether this be materials used or assembly of the product, or wear and tear by the customer. Once this is investigated, an outcome can then be reached. The timeframe for the repair process can take anywhere between 3-4weeks.

We do not offer refunds or exchanges for change of mind or if the item doesn't meet the customers "expectations" for opened and used products. If the item is still in it's original packaging and has not been used, then we are happy to offer an exchange or refund, whichever the customer requests. The customer is responsible for sending the item back and paying for postage charges.

Note: If you are returning a tank, make sure your tank is empty, clean and unsued. We won’t touch the item and send it back to you directly if it has e-juice in the tank or all over inside of the items box for safety and Hygiene concerns.

By placing an order with One Vape Australia you agree to the above Warranty and Return Policy conditions.

Eliquid Policy

One Vape Australia products containing e-liquid and the manufactured bottle contents are consumables, with a strict no returns, refunds or refill policy. Strictly 18 years or older only and no unauthorised reselling. There is an inherent risk of possible tampering. Despite “tamper evident” capping, the possibility exists that e-liquid may be tampered with and then resealed to appear as if it has not been tampered with. The mere fact that this possibility exists makes all sales on e-liquid, vape liquid or vape juice final without exception. One Vape Australia and our resellers/retailers will not be liable or held accountable for any findings, complaints or concerns with e-liquid, bottle contents or any adverse reactions with the use or returns of these products, post the sale of our products or after any recorded transactions has occurred. We ensure all products during manufacturing will not and do not contain any nicotine or poisons. All our products are nicotine-free. All products sourced from highly reputable industry suppliers, vaping industry companies from Australia, America and Europe. This Notice will govern our Eliquid Policy and applies to all, whether or not a transaction of any kind is conducted.

Shipping Policy

One Vape Australia uses Australia Post for all domestic shipping requirements.

If no one is available at your nominated shipping address and 'Signature on Delivery' option has not been applied then Australian Post has the authority to leave your parcel in a secure location of their choosing.

All orders are posted within 1 business day after payment has been received and cleared.

Shipping Costs

Customers are responsible for all shipping costs associated with their order. We do not refund shipping costs for any reason.

Shipments returned by the Post Office

In some cases when a package is returned to us unopened by the Post Office we may be willing to refund the cost of the order itself, however this is at our discretion and does not imply any obligation to do so. In all cases, we will not refund the cost of shipping. Shipping cost is the sole responsibility of the customer.

Lost, DAMAGED or Stolen Packages

One Vape Australia is not responsible for lost, damaged or stolen packages. If you did not receive a package that is marked as delivered, it is your responsibility to resolve this issue with the post office. Lost, damaged or stolen packages are very frustrating and we will do our best to help you resolve the problem. Please understand though that this is completely beyond our control and does require you contact the post office for assistance.

Failed Transactions

Many things can cause a credit or debit card transaction to fail. Typos and incorrect billing information are common causes. Particularly with debit cards, funds are held (by your bank) when a transaction is attempted. It may take several days (7 to 10 on average) for those funds to be released back to your account in the case of a failed transaction. Please be sure all information is exactly as it appears on your bank statement to avoid held funds.

Link

One Vape Australia has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by of the site. Use of any such linked website is at the user’s own risk.

By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions.