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Terms & Conditions of Sale

Vype New Zealand

Contents

  1. Introduction
  2. Information About Us
  3. Our Products
  4. How To Order
  5. Prices
  6. How To Pay
  7. Delivery
  8. Returning Products and Goodwill Guarantee
  9. Creating An Account
  10. Cancelling and Suspending Your Account
  11. How We May Use Your Personal Information
  12. Our liability to you
  13. Other important terms

1. Introduction

1.1 What these Terms cover: These Terms and Conditions of Sale, together with all information and documents referred to in them ("Terms"), govern all sales of products ("Products") by us through this website https://www.vype.co.nz (the "Website") to you.

1.2 Why you should read them: Please make sure you have read these Terms carefully, especially the limitations of our liability, before placing an order. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these Terms, please contact us to discuss.

1.3 Acceptance of these Terms: By placing an order for a Product through our Website, you agree to and accept these Terms. You should print a copy of these Terms or save them for future reference.

1.4 Eligibility: To register with and purchase Products via the Website, you must:

  1. be aged 18 years or over;
  2. have a registered postal address in New Zealand and be located in New Zealand (please see clause 9 "Creating an Account" below); and
  3. be registering and purchasing Products for your own personal use - you must not purchase any Products for a commercial purpose (including resale)

1.5 We may amend these Terms from time to time: Every time you order a Product, please check these Terms to ensure you understand the terms which will apply at that time.

1.6 Website Terms and Conditions: Your use of our Website is governed by our Website Terms and Conditions. Please read these as they include important terms that apply whenever you visit this Website

1.7 IMPORTANT NOTICE: This Website is available for use within New Zealand and is not intended for access or use by visitors outside New Zealand. If you are located in another country you may be subject to other laws, including data protection laws. For that reason, if you are not located in New Zealand you are not permitted to access or use, and you must immediately cease accessing and using, our Website.

2. Information About Us

2.1 Who we are: When you purchase a Product through our Website you will be contracting with British American Tobacco (New Zealand) Limited, a company registered in New Zealand under company number 158705 (“BAT”, "we", "our" or "us").

2.2 How to contact us: To contact us, please:

  • call our Vype Care Team on 0800 VYPENZ (0800 897 369)
  • email us at info@vype.co.nz
  • write to us via post at:
    British American Tobacco (New Zealand) Limited
    PO Box 2618
    Auckland 1140
    New Zealand

2.3 How we may contact you: If we have to contact you we will do so by telephone or text message or by writing to you at the email address or postal address you provided to us in your order. "Writing" includes emails and text messages. When we use the words "writing" or "written" in these Terms, this includes emails and text messages.

3. Our Products

3.1 Products may vary slightly from their pictures: The Products are as described on this Website from time to time. Please note that the Products and any packaging on the Website are for illustrative purposes only and should not be relied on when purchasing Products. Slight variations may occur between the delivered Product and packaging, and the image of the Product and packaging given on the Website. You should ensure that you have checked the Product description on the Website before placing your order.

3.2 Repairs and spare parts: BAT does not undertake or guarantee that repair facilities and/or spare parts will be available for the Products.

4. How To Order

4.1 We only sell to 18+ in New Zealand: We only accept orders from people aged 18 years or over and have a registered postal address in New Zealand (please see clause 9 "Creating an Account" below). We may verify your age in accordance with our Privacy Policy. Please refer to our website for important information about person that the Products are not suitable for use by.

4.2 Payment: In order to place an order, you must be the holder of a valid debit/credit card or PayPal account (please see clause 9 "Creating an Account" below).

4.3 Ordering process: You may place an order for a Product via our online order process on the Website. The Website contains instructions on how to complete the order process and check and amend any errors before submitting your order to us. At the end of the order process you will be asked to provide payment through the on-line payment facility. Your order will be submitted to us when you click on the "Make Payment" button at the end of the order process. Your order represents an offer to us to purchase a Product.

4.4 How we will accept your order: After you place your order, we will send a confirmation email to you to accept your order, at which point a contract will come into existence between us.  Each time we accept an order from you, a separate contract is made between us.

4.5 Taking payment: By placing an order, you authorise us to immediately charge your payment card for the purchase price and delivery charges displayed on the Website. We are entitled to rely on your placing of an order as an instruction to us to take your payment. Please refer to our Privacy Policy for further details about how payments are processed and the associated security measures.

4.6 If we cannot accept your order or need to cancel your order: 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 inform you of this and will not charge you for the Product. For example (and without limitation), we may not accept your order or we may cancel your order if:

  1. the Product is out of stock,
  2. unexpected limits on our resources arise which we could not reasonably plan for,
  3. we identify an error in the price or description of the Product,
  4. we identify an error in the processing of your order,
  5. we are unable to deliver the Product within a reasonable time,
  6. we believe, solely by our own judgement, that you do not satisfy the eligibility criteria (refer clause 1.4 above), including if we believe that your order has been placed for commercial purposes or resale, or
  7. we believe, solely by our own judgement, that the order has been placed fraudulently. 

4.7 Products are subject to availability: All Products shown on the Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and will not process your order.

5. Prices

5.1 Prices include GST: All prices stated are in New Zealand dollars and include GST.

5.2 Prices exclude delivery charges: Delivery charges will be indicated to you at the time of ordering, added to the purchase price before you confirm your order and payable by you at the same time as the purchase price.

5.3 Where to find the price: The price of a Product is as published on the Website at the date we accept your order. Prices are subject to change without notice at any time, but changes will not affect any order that we have previously accepted.

5.4 What happens if we got the price wrong: It is possible that, despite our reasonable efforts, a Product on our Website 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 7 days, we will treat the order as cancelled, notify you in writing and refund any payment you have made to the credit or debit card you used to pay or your PayPal account (based on the method that you used to pay).

6. How To Pay

6.1 How to pay: You may pay for the Product with a debit or credit card, using your PayPal account or any other payment method that we indicate to you that we will accept from time to time, using the online payment facility. The payment facility is operated by a third party provider. Your use of the payment facility will be subject to the terms and conditions of the third party provider. You should ensure that you have read and agree with those terms and conditions before using the payment facility.

6.2 Authority for payment: We will request authority for payment from your card at the time you place your order. If we fail to receive authority for your payment, or if we reasonably believe that payment will be refused, we reserve the right to reject your order.

6.3 Failed payment: In the event of a failed payment for whatever reason, you agree to compensate us in full against all reasonable costs, expenses and outgoings we incur in attempting to obtain payment made by you.

6.4 GST tax invoices: Please note that we do not issue receipts for Products ordered from the Website. You may request a GST tax invoice by contacting us at the details in clause 2.2.

7. Delivery

7.1 New Zealand only: Delivery of a Product will only be made to your registered New Zealand postal address (please see clause 9 "Creating an Account" below).

7.2 Delivery cost and method: All Products that you order will be sent by non-tracked standard delivery at the cost displayed on the Website before you confirm your order. Delivery is complete once the Products have been delivered to your registered delivery address.

7.3 When we will provide the Products: We aim to dispatch Products on the same day that we accept your order and to deliver Products within 1-3 working days of dispatch (provided your order is placed before 4pm Monday to Friday). Please note that dispatch and delivery times are estimates and are not guaranteed times.

7.4 We are not responsible for delays outside of our control: If our delivery of the Products is delayed, including by an event outside our control we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. However, if you have not received your Product within 5 working days of the date we confirmed dispatch, please notify us and we will investigate the delay.

7.5 When you own and become responsible for the Products: You will own the Products, and the Products will be your responsibility, once they have been delivered at your registered delivery address.

7.6 Reasons we may need to delay delivery of Products to you. We may have to delay delivery of a Product:

  1. to deal with technical problems or make minor technical changes;
  2. to update the Product to reflect changes in relevant laws and regulatory requirements; or
  3. if the Product is out of stock. 

If we need to delay delivery of a Product that you have ordered we will notify you. You will have the option to cancel your order (in which case we will refund any payments you have made to the credit or debit card that you used to pay or your PayPal account (based on the method that you used to pay)).

8. Returning Products

8.1 How to tell us about problems: Please contact us using the details set out in section 2 above if you have any complaints about the Product or questions about returns.

8.2 Returning Products: Please refer to our Delivery & Returns policy for further information about returning Products.

8.3 Your key legal rights: Nothing in these Terms will affect any legal rights you may have under any express warranty that we provide to you or under any consumer laws, including the Consumer Guarantees Act 1993.

9. Creating An Account

9.1 How to create an account: You may place an order to purchase the Product either by creating an account on the Website. In order to apply to create an account, please follow the instructions on the Website. It will be at our sole discretion as to whether we accept your application to create an account.

9.2 We only sell to 18+ in New Zealand: You must be aged 18 years or over with a physical New Zealand postal address to create an account on the Website. You must register a physical New Zealand postal address when you create your account and you may update your registered postal address in your account details from time to time.

9.3 One account per user: Only one account may be created per individual user. You are strictly prohibited from allowing anyone else to access your account or to purchase products using your account.

9.4 What information do we require: You will be asked to provide information including your name, email address and postal address when creating your account. Your email address will be used to identify you when you use it to access your account on the Website. We reserve the right not to accept your application to create an account or to terminate your account in the event that you provide an invalid email address. Your order will be sent to the postal address you provide when you create your account or the most recent postal address you have provided, if you update your account details at anytime. We accept no responsibility for orders that are not received as a result of an incomplete or incorrect address being provided. You confirm that all 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.

9.5 Choosing a password: You will also need to provide a password in order to access your account. You are entirely responsible for maintaining the confidentiality of your password and you will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure. We encourage you to use a "strong" password (including a combination of numbers and letters). You agree to notify us immediately in the event of any unauthorised use, or suspected unauthorised use of your password or account.

10. Cancelling and Suspending Your Account

10.1 We may cancel or suspend your account: We may temporarily suspend or cancel your account at any time and for any reason without notice.

10.2 How can you cancel or suspend your account: You may cancel or suspend your account at any time and for any reason by contacting us by email or by post at the address set out in clause 2.2 above. It will be your responsibility to provide any required proof that you are the account holder.

11. How We May Use Your Personal Information

11.1 Use of your information: Any personal information that you provide to us through our Website will only be used in accordance with these Terms and our Privacy Policy. Please ensure that you have read our Privacy Policy before proceeding.

11.2 Your consent to our use of your data: By providing us or authorising us to collect any personal information you are consenting to its collection, use and disclosure in accordance with these Terms and our Privacy Policy.

12. Our liability to you

12.1 Refund or replacement of Products: Subject to clause 12.2, if we fail to comply with these Terms:

  1. our liability to you is limited to replacement of or refund for Products in accordance with clause 8 above; and
  2. in any event, we are not responsible for any indirect, consequential or special loss or damage or any kind. 

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Products, including under the Consumer Guarantees Act 1993.

12.3 We are not liable for business losses: We only supply the Products for domestic and private use. Any use of the Website or any Products for any commercial, business or re-sale purpose is strictly prohibited and, for the avoidance of doubt, we have no liability to you whatsoever in connection with any such use, including for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. Other important terms

13.1 We may transfer this agreement to someone else: We may transfer our rights and obligations under these Terms to a related company (within the meaning of section 2(3) of the Companies Act 1993, provided that a related company may be registered in New Zealand or overseas) or to a third party purchaser of all or any part of BAT’s business and/or assets. We will ensure that the transfer will not affect your rights under the contract.

13.2 You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

13.3 Nobody else has any rights under this contract: This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

13.4 Entire agreement: These Terms, and any express representations made to you by our authorised representatives during the sales process, constitute the entire agreement between you and BAT and supersede and cancel any previous representations, agreements, understandings or arrangements between you and BAT.

13.5 Headings: The headings used in these Terms are for reference purposes only and do not affect the interpretation of these Terms.

13.6 If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the relevant provision will be limited or removed to the minimum extent necessary. This will not affect the validity of the remaining paragraphs which will remain in full force and effect

13.7 Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13.8 We may change, modify or revise these Terms at any time: We may change, modify or revise these Terms from time to time by publishing the modified terms on our Website. These changes will only apply to orders placed on or after the date on which the changes to the Terms were published.  It is your responsibility to check that you have read and agree with the latest Terms on the Website.

13.9 Which laws apply to this contract and where you may bring legal proceedings: These Terms are governed by New Zealand law and you can only bring legal proceedings in respect of the Products in the New Zealand courts. You and we both agree that the courts of New Zealand will have exclusive jurisdiction.

These Terms were most recently updated on 5 December 2018.