Terms & Conditions of Sale
1. When did we last update these Terms and Conditions of Sale?
2. About these Terms and Conditions of Sale
2.1. These terms and conditions of sale, together with all information and documents referred to within them (collectively our Terms and Conditions of Sale), govern all the sale of products (Products) to you via British American Tobacco (New Zealand) Limited’s (BATNZ, we, our, or us) websites including batnz.co.nz; vuse.co.nz; vuse.com.au; vusionry.co.nz as well as any applicable redirected websites (collectively our Websites).
2.3. Please make sure you have read these Terms and Conditions of Sale carefully, especially the limitations of our liability, before placing an Order.
2.4. We may amend these Terms and Conditions of Sale from time to time by publishing updated Terms and Conditions of Sale on one or more of our Websites. These changes will apply to any Orders placed on or after the date on which the changes to the Terms and Conditions of Sale are published. You should review our Terms and Conditions of Sale regularly to ensure you understand the terms and conditions that apply to you each time you place an Order for a Product (as it is your responsibility to check that you have read and agree with the latest Terms and Conditions of Sale).
2.5. If you create an account on our Websites (an Account) or place an Order, your Account and your purchases will also be governed by our Website Terms.
2.6. If you do not agree to our Terms and Conditions of Sale, you should not purchase any Products via our Websites.
3. How can you contact us?
If you have any questions about our Websites or our Products, you can:
(a) write to us at: British American Tobacco (New Zealand) Limited, P.O. Box 2618, Auckland 1010, New Zealand
(b) email us at: email@example.com (if you are in New Zealand) or firstname.lastname@example.org (if you are in Australia)
(c) call us on: 0800 897 369 (if you are calling from within New Zealand) or 1 800 413 805 (if you are calling from Australia).
4. Descriptions and depictions of our Products on our Websites
4.1. The descriptions of our Products on our Websites are updated from time to time. You should ensure that you have read the current Product description before placing an Order.
4.2. The depictions of our Products on our Websites, including any packaging, are for illustrative purposes only and should not be relied on when purchasing Products. Variations may occur between the packaging of a Product delivered in an Order and the depiction of that Product on our Websites.
4.3. All Products depicted on our Websites are subject to availability.
5. Our Products are for domestic and/or private use only
5.1. We only supply our Products for domestic and/or private use only. Any use of our Products for commercial, business, or resale purposes (including retailers and wholesalers) is strictly prohibited.
5.2. You agree that sections 9, 12A, 13 and 14(1) of New Zealand’s Fair Trading Act 1986 (or the equivalent legislative provisions in Australia) are contracted out of where you are in trade and the Products are acquired by you in trade.
6. Prices of our Products on our Websites
6.1. The price of any Product on our Websites:
(a) is in New Zealand dollars;
(b) if purchased from our:
(i) New Zealand Websites, includes goods and services tax (GST) in accordance with the Goods and Services Tax Act 1985;
(ii) Australian Websites, includes GST in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
(d) is subject to change, without notice, at any time, but noting that changes will not affect any Order that we have previously accepted.
6.2. It is possible that, despite our reasonable efforts, a Product on our Websites may be incorrectly priced. If we discover an error in the price of a Product that you have ordered we will inform you of this error and give you the option to continue with your Order at the correct price or to cancel your Order. If you do not respond to us within seven (7) days, we will treat the Order as cancelled, notify you in writing and refund any payment you have made to the debit card, credit card, or PayPal account (based on the method that you used to pay).
7. Delivery charges (and our Delivery Policy)
7.1. Delivery charges will be:
(a) indicated to you at the time you Order;
(b) added to the purchase price before you confirm your Order; and
(c) payable by you at the same time as the purchase price.
7.2. How we dispatch and deliver items you Order is set out in our Delivery Policy.
8. How do you create an Account and/or place an Order?
8.1. To create an Account on our Websites and/or place an Order, you must:
(b) be aged 18 years or over, which we will verify;
(c) provide us with your correct name, which we will verify;
(d) provide us with a valid email address, which will be used to identify you when you access your Account;
(e) provide us with a valid postal address, which must also meet the terms and conditions set out in our Delivery Policy;
(f) if you are creating an Account, set up a password so that you can access your Account noting that:
(ii) you will be responsible for any damage or losses caused by unauthorised access to your Account resulting from your failure to keep your password secure; and
(iii) you are encouraged to use a “strong” password (including a combination of numbers and letters);
(h) confirm to us that all the information that you provide to us is true, accurate, complete and not misleading (and that you will notify us immediately if any part of this information changes).
8.2. For Australian Orders:
(a) you must hold a valid Australian prescription for the purchase of nicotine products; and
(b) your Order will be supplied under the Therapeutic Goods Administration’s personal importation scheme, further details on which can be found here: https://www.tga.gov.au/personal-importation-scheme.
8.3. Only one Account may be created per person and you are strictly prohibited from allowing anyone else to access your Account or use your Account to purchase Products.
8.4. We may, in our sole and absolute discretion, determine whether or not to accept your application to create an Account.
8.5. Our Websites contain instructions on how to:
(a) complete the order process; and
(b) check and amend any errors before submitting an Order to us.
8.6. Your Order will be submitted to us when you click on the “MAKE PAYMENT” button, and doing so:
(a) represents your offer to purchase a Product from us;
(b) means that you authorise us to request authorisation for payment from (and immediately charge) your debit card, credit card, or PayPal account for the purchase price of the Product(s) along with any applicable delivery charges;
(c) means that we are entitled to rely on your submission of an Order as your instruction to us to charge your debit card, credit card, or PayPal account;
(d) represents a contract between us (as each time we accept an Order from you, a separate contract is made between us).
8.7. We reserve the right to not accept your Order or to cancel your Order after it has been accepted. If we do so, we will let you know as soon as possible and will not charge you. For example (and without limitation), we may not accept your Order, or cancel your Order, if:
(b) unexpected limits on our resources arise which we could not reasonably plan for;
(c) we identify an error in the price or description of the Product;
(d) we identify an error in the processing of your Order;
(e) we are unable to deliver the Product within a reasonable timeframe; or
(f) we fail to receive authorisation for your payment;
(g) we reasonably believe that your payment will be refused;
(h) we believe, solely in our own judgement, that:
(ii) your Order has been placed for commercial purposes or resale; or
(iii) your Order has been placed fraudulently.
8.8. If your payment fails to be processed to us, for whatever reason, you agree to compensate us (in full) for all reasonable costs, expenses, and outgoings we incur in attempting to obtain (or recover) the payment from you.
8.9. Your Order will be sent to the postal address you provided when you created your Account (or the most recent postal address you have provided to us). We accept no responsibility for Orders you do not receive because you have provided us with an incomplete or incorrect postal address.
8.10. We do not issue GST tax invoices for Products ordered from our Websites. We do, however, send you an email confirmation of what you have ordered. If you need a GST tax invoice, please contact us.
9. About our online payment facilities
9.1. Our online payment facilities are operated by third-party providers, including Worldpay and Zip. These facilities allow you to pay for an Order with a debit card, credit card, or PayPal account (or any other payment method that we indicate to you that we will accept from time to time).
9.2. Your use of their facilities is subject to separate terms and conditions, which:
9.3. You should ensure that you have read and agreed with these terms and conditions before using our online payment facilities.
10. Cancelling or suspending your Account
10.1. We may temporarily suspend, or cancel, your Account at any time and for any reason without notice. Without limiting the generality of the foregoing, we will cancel your Account (or Accounts) if:
(a) any of the information you have provided us is untrue, inaccurate, incomplete or misleading; or
(b) you create more than one Account; or
(c) you allow anyone to access your Account or use your Account to purchase Products.
10.2. You may temporarily suspend, or cancel, your Account at any time and for any reason by contacting us. It will be your responsibility to provide us with proof that you are the account holder.
10.3. You agree to notify us immediately in the event of any unauthorised use, or suspected unauthorised use of your password or Account.
11. Returning Products (and our Satisfaction Guarantee, Warranty, and Refund Policy)
Please contact us if:
(a) you have any complaints about our Products or questions about returns;
(b) you would like to make a claim under our Satisfaction Guarantee;
(c) you think there is an issue with your device or charger and would like to make a claim under our Warranty; or
(d) if you receive a damaged or defective product, or the wrong product, and would like to make a claim under our Refund Policy.
12. How do we use your personal information?
13. Our limitation of liability
13.1. Subject to clauses 13.2 and 13.3, if we fail to comply with these Terms and Conditions of Sale our liability to you for all claims (whether in contract, tort (including negligence), breach of any statutory duty, or otherwise, even if foreseeable) is limited to:
(a) to the value of the Products supplied by us and associated with your claim; or
(b) the damage or loss you actually incur or suffer (whichever is less).
This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors for fraud; fraudulent misrepresentation; or a breach of your legal rights concerning our Products.
13.2. We will not be liable in any way for:
(a) loss, damage, or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms and Conditions of Sale caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving our employees) or shortage of materials or fuel at the market rates existing when an Order is accepted, legislative or administrative interference; or
(b) any indirect, consequential, or economic loss, cost, or damage or loss of profits, loss of revenue, loss of goodwill, or loss of anticipated savings incurred by you in connection with any act or omission of ours or in relation to any error, omission or representation in any information provided to you;
(c) such use, including for any loss of profit, loss of business, business interruption, or loss of business opportunity from the use of our Products for commercial, business, resale purposes, or anything other than domestic and/or private use only.
13.3. Nothing in these Terms and Conditions of Sale excludes or limits in any way our liability to you where it would be unlawful to do so. This includes:
(a) your legal rights in New Zealand under, for example, the Consumer Guarantees Act 1993;
(b) your legal rights in Australia under, for example, Schedule 2 of the Australian Competition and Consumer Act 2010;
(c) our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees; or
(d) for any other liability that cannot be limited or excluded by law.
14. Other important terms
14.1. Your compliance: You must comply with:
(a) any additional terms and conditions, or instructions from us, brought to your attention on our Websites or correspondence from us; and
(b) all applicable New Zealand or Australian laws (respectively) relating to your use of our Websites, including your purchase, use and disposal of the Products.
14.2. Legally binding: You agree and acknowledge that these Terms and Conditions of Sale are intended to create legally binding obligations on you in accordance with its terms. Those obligations, and the contract it creates, is between you and us. Subject to clause 14.5(b), no other person shall have any rights to enforce any of its terms.
14.3. Severance: If any part, or parts, of these Terms and Conditions of Sale are, or become, invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions of Sale shall not in any way be affected or impaired.
14.4. Waiver: No failure or delay in exercising any right, power or privilege under these Terms and Conditions of Sale will operate as a waiver of such right, power or privilege, nor will any single or partial exercise of such right, power or privilege preclude any further exercise of such right, power or privilege under these Terms and Conditions of Sale or otherwise.
14.5. Transfer of rights:
(a) You need our consent, in writing, to transfer your rights or obligations under these Terms and Conditions of Sale to someone else.
(b) We may, at any time, transfer or assign all, or any part, of our rights and obligations under these Terms and Conditions of Sale to a related company, or to a third party, without your consent.
14.6. Communications between us:
(a) We will send notices and other communications to you at the e-mail address you have provided to us.
(b) You must send all notices and other communications to us using one of the communication methods referred to in clause 3.
(c) Any notices sent by e-mail or via the Contact Us form on our Websites will be deemed to have been received 24 hours after the time sent by the sender.
(d) Any notices sent by post will be deemed to have been received three working days from and including the date of postage.
(e) Any notices issued by us that appear on our Websites will be deemed to have been received when you next use our Websites, unless expressly stated otherwise.
14.7. Relationship of the parties: Nothing in these Terms and Conditions of Sale, or in the relationship between you and us, shall be construed as creating a partnership or joint venture or giving you or us any right to bind the other in any way, except as permitted by these Terms and Conditions of Sale.
14.8. Governing law: These Terms and Conditions of Sale are governed by, and interpreted in accordance with, New Zealand law. We both agree to submit to the exclusive jurisdiction of the courts of New Zealand.