TERMS AND CONDITIONS
Welcome to our website or to our physical store. The terms and conditions outlined below are related to the use of our website and also apply to any product or service from any brick and mortar business (or business with a physical location) owned by or affiliated with Leaf House Vape Shop Pty Ltd.
By using this website or by making any purchase or receiving any other service from any brick and mortar business (or business with a physical location) owned by or affiliated with Leaf House Vape Shop Pty Ltd, you are agreeing to comply with and be bound by the following terms and conditions, which will govern the Leaf House Vape Shop’s relationship with you in relation to your use of this website.
For the purposes of these terms and conditions, “Us”, “Our”, “We” and “Leaf House Vape Shop” refers to Leaf House Vape Shop Pty Ltd (represented by its employees, director, contractors and other affiliates). The word “You” and “Your” refers to you, the user of our website or the visitor to any brick and mortar business (or business with a physical location) owned by or affiliated with Leaf House Vape Shop Pty Ltd.
The words “Products and Services” will include any interaction with us including the use of our website and any product(s), service(s) or any information you receive from any brick and mortar business (or business with a physical location) owned by or affiliated with Leaf House Vape Shop Pty Ltd.
By using our products and services you hereby affirm and warrant that you are eighteen (18) years old or older.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our products and services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our products and services then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Leaf House Vape Shop’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our products and services that you agree and accept that Leaf House Vape Shop Pty Ltd is not legally responsible for any loss or damage you might suffer related to our products and services. Your use of our products and services is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure our products and services meet your specific, personal requirements. You acknowledge that our products and services may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Leaf House Vape Shop’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Leaf House Vape Shop.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
PRODUCT WARRANTY, RETURNS AND REFUNDS
Due to protecting the health of our staff, the risk of spreading diseases and other hygiene concerns, we do not accept the return of used tanks (Atomizers) that are in good working order. Tanks (Atomizers) that are faulty and have been used must be washed prior to returning the product.
Our products are covered by a manufacturer’s warranty. The manufacturer’s warranty period varies for different products and information about the product warranty can be found in the products packaging or the product box. The warranty period starts once the product has been posted to you or you have received it from our physical store. The warranty covers manufacturers defects only. The list below includes, but is not limited to, products that are not covered by the manufacturer warranty.
- Products that fail as a result of deliberate or accidental misuse.
- Products that fail as a result of damage caused by wear and tear.
- Products that have been tampered with and had unauthorised repairs.
- Products that fail as a result of being dropped.
- Products that fail as a result of excessive usage.
- Products that fail as a result of being used outside the recommended usage conditions.
- Products that fail due to improper use of water or other liquids.
- Products that fail due to being charged incorrectly.
- Tanks that are leaking from the air holes due to excessive saturation of the coil caused by the user.
Faulty products are to be sent back to us within the warranty period at your own expense or returned to our physical store. We do not repair products and we act as liaison between you and the product manufacture if you return a product that is faulty. This process involves sending the product back to the manufacturer or demonstrating the product fault to the manufacturer via video link. The manufacturer’s technical department then determines the cause of the fault and if the fault is caused due to a genuine manufacturer default a replacement product or refund is provided by the manufacturer. A replacement product can be collected from our physical store or it will be sent to you at our cost. This process can take between 3 days and 4 weeks depending on the product and the manufacturer. Refunds will be processed promptly and payment made by the same method that you made payment.
We do not refund or exchange products that are in good working under any circumstances if they have been used. This is due to the hyenine concerns relating to handling and reselling vaporizers and e-cigarettes that have been used.
Returned products must be presented with proof of purchase date (receipt) and the original product packaging (with product serial number).
Unopened goods will be refunded in full.
Products that are returned outside the manufacturer’s warranty period (and are within the time limit set out by Australian Consumer Law) require additional time to process a warranty. Claims made outside the manufacturer’s warranty period may not be accepted and can take longer than 4 weeks to process as the manufacturer requires additional time to investigate the cause of the fault. A reasonable explanations will be provided if the warranty claim is rejected.
LINKS TO OTHER WEBSITES AND GENERAL INFORMATION
We may also provide information at our physical store or we may from time to time provide on our website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites or the source of that information.
We accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent, we absolutely disclaim all guarantees, expressed or implied, including, but not limited to, implied warranties or grantees that our products and services will fulfil any particular purpose or outcome. We give no guarantee that our products and services are free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date products and services, we do not warrant or make any representations that the use of our products and services will be free of harms to your health and/or wellbeing. It is your sole responsibility to understand and to bear any cost associated with the risks of using our products and services. These risks including, but are not limited to, the health risks of using e-cigarettes and vaporizers or the risks associated with rechargeable Lithium batteries.
We are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data we collect is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar products and services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor. We expressly exclude and do not permit you to use or access our products and services. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper activity. We reserves the right to exclude and deny any person access to our products and services.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website and our physical store(s) contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to replicate our physical store business look and appearance or reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available from our website.
We expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.