TERMS AND CONDITIONS

 

 

Introduction

This website is operated by eSmokeStore. The terms “we”, “us” and “our” used throughout the website refer to eSmokeStore. All services, products, information and tools listed on eSmokeStore are available to you, under the condition you accept our terms and conditions. These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

Products available on this website are not intended for use by persons under legal smoking age, non-smokers, women who are pregnant or breastfeeding, or persons with or at risk of heart disease, high blood pressure, diabetes, or taking medicine for depression or asthma. Products may contain nicotine. If you are allergic to nicotine, propylene glycol, or any combination of inhalants, if you are pregnant or breast-feeding, or if you have a heart condition, diabetes, high blood pressure or asthma, consult a healthcare professional before using any products available on eSmokeStore. Discontinue use and consult a qualified medical professional if you experience nicotine misuse symptoms such as nausea, vomiting, dizziness, diarrhoea, weakness and rapid heartbeat. eSmokeStore will not be held responsible for website users who fail to consult appropriate healthcare professionals.

Our products do not treat, diagnose, or cure any disease, physical ailment, or condition. Keep out of the reach of children and pets as ingestion of certain pieces can present a choking hazard. eSmokeStore disclaims any warranties (express or implied), merchantability, or fitness of materials expressed for any particular purpose. eSmokeStore shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental, health or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, and without warranties of any kind.

eSmokeStore products are not marketed for use as smoking cessation products, they are vaporizer products. Any information provided on this website, is the opinion of the author(s) and is believed to be current at the time. It is available purely for educational and informational purposes. No information available on this website is intended to be taken in place of medical advice from a qualified health professional.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our eSmokeStores's use of cookies in accordance with the terms of eSmokeStores's privacy policy / cookies policy.

 

License to use website

Unless otherwise stated, eSmokeStore and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without eSmokeStore’s express written consent.

 

Restricted access

Access to certain areas of this website is restricted. eSmokeStore reserves the right to restrict access to areas of this website, or indeed this entire website, at eSmokeStore’s discretion.

If eSmokeStore provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

eSmokeStore may disable your user ID and password in eSmokeStore’s sole discretion without notice or explanation.

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. This does not include personal information and details submitted to us in confidence.

You grant to eSmokeStore a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media (this does not include personal information and details submitted to us in confidence).  You also grant to eSmokeStore the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or eSmokeStore or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

eSmokeStore reserves the right to edit or remove any material submitted to this website, or stored on eSmokeStore’s servers, or hosted or published upon this website.

Pricing

All prices on eSmokeStore are listed in Australian Dollars and include GST, unless otherwise indicated. The prices indicated exclude freight and handling, unless otherwise indicated. Free shipping applies for orders over the price of $150. Prices are subject to change without notice.

Product Descriptions

eSmokeStore updates the Website regularly, however, eSmokeStore makes no representation as to the accuracy or completeness of any information or services of the Website. All information and services are provided on the basis that you undertake the responsibility for assessing, at your own risk. Images have been provided for illustrative purposes only and we do not guarantee that any image will reflect or portray the full design or options relating to that product.

Placing Your Order on eSmokeStore


To place an order click on the ‘Add to Cart’ button along side or underneath the product(s) of your choosing on this Website. Once your selected products are in your virtual ‘shopping cart’, click on the ‘Check Out’ link and follow the on-screen prompts to complete your purchase. When you place your order and payment is received, we will issue you with an email confirmation of your order  details. A valid email address is required when ordering through our Website.

By placing an order, you make an offer to us to purchase the products you have selected based on the Terms. No information on our Website constitutes or should be deemed as an offer by us to supply any products, however, eSmokeStore will make every effort to supply products to you. We give no undertaking as to the availability of any product advertised on our Website.

We will notify you that your order is being processed by sending you an Order Confirmation or Invoice indicating items fully paid by email however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying each order placed.

We will confirm acceptance of your order when we send you an email confirming shipment of the items you have ordered. If we cannot process or accept your order after payment is received we will contact you by email or telephone.

eSmokeStore reserves the right to refuse service, remove or edit content, or cancel orders at its sole discretion.

Postage

eSmokeStore reserves the right to select methods of delivery at our discretion that match the price the customer has outlayed for postage.

 

Privacy

Your privacy is important to us. Therefore, no credit card information is stored on our system. For further information on your privacy rights please refer to our Privacy Policy.

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  eSmokeStore makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, eSmokeStores does not warrant that:

- this website will be constantly available, or available at all; or

- the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

 

Limitations of liability

eSmokeStore will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

- to the extent that the website is provided free-of-charge, for any direct loss;

- for any indirect, special or consequential loss; or

- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if eSmokeStore has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

 

Other parties

You accept that, as a limited liability entity, eSmokeStore has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against eSmokeStore’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect eSmokeStore’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as eSmokeStore.

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify eSmokeStore and undertake to keep eSmokeStore indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by eSmokeStore to a third party in settlement of a claim or dispute on the advice of eSmokeStore’s legal advisers) incurred or suffered by eSmokeStore arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to eSmokeStore’s other rights under these terms and conditions, if you breach these terms and conditions in any way, eSmokeStore may take such action as eSmokeStore deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

eSmokeStore may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

eSmokeStore may transfer, sub-contract or otherwise deal with eSmokeStore’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and eSmokeStore in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Contact Us

Any questions regarding these terms and conditions can be directed to us via the Contact Us page.

 

Credit : This document was created using a Contractology template.