Our Subscription Terms

2.1. These terms, together with all information and documents referred to within them (collectively our Subscription Terms), govern all the sale of subscription products (Subscription 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).

2.2. By creating a subscription (Subscription) and placing an order for a Subscription Product through any of our Websites (a Subscription Order) under these Subscription Terms, you agree to and accept these Subscription Terms (as well as our Terms and Conditions of Sale, Privacy Policy, and Website Terms).

2.3. Please make sure you have read these Subscription Terms carefully, especially the limitations of our liability, before placing a Subscription Order.

2.4. We may amend these Subscription Terms from time to time by publishing updated Subscription Terms on one or more of our Websites. These changes will apply to any Subscription Orders placed on or after the date on which the changes to the Subscription Terms are published. You should review our Subscription Terms regularly to ensure you understand the terms and conditions that apply to you each time you place a Subscription Order for a Subscription Product (as it is your responsibility to check that you have read and agree with the latest Subscription Terms).

2.5. If you create an account on our Websites (an Account) or place a Subscription Order, your Account and your purchases will also be governed by our Website Terms.

2.6. If you do not agree to our Subscription Terms, you should not purchase any Subscription Products via our Websites under these Subscription Terms.

(a) write to us at: British American Tobacco (New Zealand) Limited, P.O. Box 2618, Auckland 1010, New Zealand

(b) email us at: info.nz@vuse.com (if you are in New Zealand) or info.au@vuse.com (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).

4.1. Subscriptions are only available:

(a) for Vuse e-liquid cartridges; and
(b) where a Subscription is for at least five (5) packs of Vuse e-liquid cartridges; and
(c) for domestic and/or private use only (where any use of a Subscription for commercial, business, or resale purposes (including retailers and wholesalers) is strictly prohibited).

4.2. All Subscription Products depicted on our Websites are subject to availability. If we are unable to deliver a Subscription Product to you:

(a) we will let you know by email; and

(b) we will only charge you for the Subscription Product(s) that we can deliver to you.

4.3 Vuse+ loyalty points cannot be earned on the purchase of any Subscription Products.

5.1. Subscriptions are available on either:

(a) a rolling two (2) week period; or

(b) a rolling four (4) week period.

5.2. Subscriptions will renew automatically. We will send you a reminder notification before any automatic renewal, in case you want to skip or cancel your Subscription.

6.1. Subject to clause 6.2, if your Subscription is created on or after 27 July 2021 and is for five (5) or more packs of Vuse e-liquid cartridges or Vuse Go and you subscribe for:

(a) up to twelve (12) weeks, you will receive a 15% (fifteen percent) discount off the recommended retail price.
(b) for more than twelve (12) consecutive weeks, you will receive a 20% (twenty percent) discount off the recommended retail price from week twelve (12) onwards.

6.2. If your Subscription was created on or before 3 June 2021 and was for:

(a) three (3) or four (4) packs of Vuse e-liquid cartridges, your Subscription price will be $11.99 per pack of Vuse e-liquid cartridges provided that:

(i) you retain your Subscription; and
(ii) your Subscription remains for three (3) or four (4) packs of Vuse e-liquid cartridges.

(b) five (5) or more packs of Vuse e-liquid cartridges, your Subscription price will be $10.49 per pack of Vuse e-liquid cartridges provided that:

(i) you retain your Subscription; and
(ii) your Subscription remains for five (5) or more packs of Vuse e-liquid cartridges.

6.3. For clarity, it was not possible to create a Subscription between 3 June 2021 and 26 July 2021.

6.4 Vuse+ loyalty points and any coupons purchased with Vuse+ loyalty points cannot be redeemed to purchase any Subscription Products
6.5 Unless expressly stated otherwise, no other promotions or discounts will be applicable to reduce the price of a Subscription below what is specified in this clause 6.

7.1. To create a Subscription, you need to:

(a) create an Account in accordance with our Terms and Conditions of Sale;

(b) select the type and quantity of Subscription Product(s) you want;

(c) choose how often you want to get your order;

(d) select your delivery date;

(e) add in your shipping address;

(f) complete the associated payment details.

7.2. Once you have completed these steps:

(a) you will receive an email from us to confirm that your Subscription is live; and

(b) your Subscription will immediately become effective.

8.1. To amend a Subscription, you need to complete the following actions at least 72 (seventy-two) hours before your next scheduled Subscription Order:

(a) log into your Account;

(b) select ‘Subscribe & Save’;

(c) select ‘Edit my order’; and

(d) make your desired changes.

8.2. To skip a Subscription, you need to complete the following actions at least 72 (seventy-two) hours before the next scheduled Subscription Order:

(a) log into your Account;

(b) select ‘Subscribe & Save’;

(c) select ‘Manage my delivery dates’;

(d) select the delivery date of the Subscription Order that you would like to skip; and

(e) select ‘Skip’.

9.1. To cancel a Subscription, you need to complete the following actions at least 72 (seventy-two) hours before the next scheduled Subscription Order:

(a) log into your Account;

(b) select ‘Subscribe & Save’;

(c) select ‘Cancel My Subscribe & Save’;

(d) select ‘Continue Cancelling’;

(e) choose the reason why you are cancelling; and

(f) select ‘Cancel My Subscribe & Save’.

9.2. If you cancel a Subscription, it cannot be restarted, and a new Subscription will need to be created.

10.1. Our Terms and Conditions of Sale outline how, or when, we may temporarily suspend, or cancel, your Account.

10.2. In addition, we may cancel your Subscription(s) at any time and for any reason without notice. Without limiting the generality of the foregoing, we will cancel your Subscription(s) if:

(a) any of the information you have provided us is untrue, inaccurate, incomplete or misleading; or

(b) you allow anyone to access your Subscription Order(s).

11.1. Our Terms and Conditions of Sale set out our online payment facilities.

11.2. By registering for, or creating, a Subscription:

(a) you authorise us to charge your debit card, credit card, or PayPal account for your Subscription as, and when, required for your Subscription Order(s);

(b) you agree and accept that your first Subscription fee will be billed immediately;

(c) you agree and accept that any subsequent Subscription fees will be billed on the date the subsequent Subscription Order falls due (unless, or until, your Subscription is amended, skipped, or cancelled).

11.3. If we are unable to obtain any Subscription fee from you:

(a) we will let you know by email; and

(b) we will pause your Subscription and try, on a daily basis for a period of six (6) days to try and obtain the Subscription fee, to allow the issue to be resolved; and

(c) we will cancel your Subscription if the issue cannot be resolved after six (6) days.

11.4. Our subscription service is operated by a third-party provider, Bold. Your use of their service is subject to separate terms and conditions, which can be found at https://boldcommerce.com/legal. You should ensure that you have read and agreed with these terms and conditions before creating a Subscription.

12.1. All Subscription Orders:

(a) are subject to our Delivery Policy; and

(b) qualify for free delivery.

12.2. How we dispatch and deliver items to you is set out in our Delivery Policy.

(a) you have any complaints about your Subscription, our Subscription Products or questions about returns;

(b) you would like to make a claim under our Satisfaction Guarantee; or

(c) if you receive a damaged or defective product, or the wrong product, and would like to make a claim under our Refund Policy.

16.1. 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 any Subscription Products.

16.2. Legally binding: You agree and acknowledge that these Subscription Terms 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 16.5(b), no other person shall have any rights to enforce any of its terms.

16.3. Severance: If any part, or parts, of these Subscription Terms are, or become, invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of these Subscription Terms shall not in any way be affected or impaired.

16.4. Waiver: No failure or delay in exercising any right, power or privilege under these Subscription Terms 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 Subscription Terms or otherwise.

16.5. Transfer of rights:

(a) You need our consent, in writing, to transfer your rights or obligations under these Subscription Terms to someone else.

(b) We may, at any time, transfer or assign all, or any part, of our rights and obligations under these Subscription Terms to a related company, or to a third party, without your consent.

16.6. 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.

16.7. Relationship of the parties: Nothing in these Subscription Terms, 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 Subscription Terms.

16.8. Governing law: These Subscription Terms 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.