1.1 All Goods supplied by Antifun Limited, and any of its trading names (including but not limited to “Premium Vape”, “Premium Vape NZ” and “Premium Vape Australia”) and its employees, contractors and agents to the customer (“Customer”) are sold subject to these terms and conditions of sale (“Terms”).
1.2 The Customer acknowledges that by purchasing any Goods from Premium Vape and using any of Premium Vape’s websites (including but not limited to https://premiumvape.co.nz/ and https://premiumvapeaustralia.com.au) (“Websites”), the Customer has read, understood and accepted the Terms and agrees to be bound by the Terms.
1.3 Premium Vape reserves the right to amend these Terms in any manner and at any time and will notify the Customer of any amendments to the Terms by uploading the amended Terms to the Websites. By continuing to use the Websites and/or ordering Goods from Premium Vape after any such amendment, the Customer is deemed to have agreed to the amended Terms.
1.4 No variation, modification or substitution for these Terms is binding on Premium Vape unless specifically accepted by Premium Vape in writing.
1.5 The parties acknowledge and agree that for the purposes of the Terms, any reference to the “Goods” means all goods and products supplied by Premium Vape to the Customer from time to time for sale to, and purchase by, the Customer.
2. USE OF THE WEBSITES
2.1 The Customer must be 18 years of age or over to use the Websites, register as a member of the Websites and purchase Goods from the Websites.
2.2 The Customer shall ensure that no other person shall use the Customer’s Website login and/or Customer account to purchase any Goods from any Premium Vape Website. The Customer confirms that when placing any orders with Premium Vape, the Customer is not obtaining age-restricted Goods for the Customer or on behalf of a person that is not of the required legal age for obtaining the Goods.
2.3 As a condition of use of the Websites, the Customer agrees:
(a) Not to disrupt activity online;
(b) To ensure that the Websites are not used for any illegal activity or which may expose Premium Vape to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;
(c) Not to use anybody else’s computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
(d) Not to post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialling;
(e) Not to run network scanning software or use open relay to distribute messages; and
(f) Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with Premium Vapes’ or anyone else’s computer system or communications services.
3. COMPLIANCE AND AGE RESTRICTIONS
3.1 The Customer must be 18 years of age or over to use the Websites, register as a member of the Websites and purchase Goods from the Websites.
3.2 Premium Vape is subject to legal obligations regarding the sale of classified and age-restricted Goods, and will not knowingly sell or supply any age-restricted Goods to a person under the legally prescribed age for that classification. By using the Websites and/or purchasing Goods from the Websites the Customer warrants that he/she is 18 years of age or over and agrees that he/she has entered into a legal contract with Premium Vape in relation to these terms.
3.3 The Customer is solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any Goods purchased from Premium Vape.
3.4 Premium Vape reserves the right to take legal action and seek compensation for any loss or damage Premium Vape may suffer as a result of a transaction entered into by a minor, or from the parent or guardian of a minor who causes an order to be placed.
4. SPECIAL PRODUCTS CONTAINING NICOTINE
4.1 The Customer warrants he/she is not under the age of 18 years and is legally entitled to purchase any Goods containing Nicotine.
4.2 Nicotine is an addictive chemical. Products containing Nicotine are intended for use by persons of legal age and laws vary by country/state. Nicotine products are not intended for use by children, women who are pregnant or breastfeeding or for use by persons at risk of heart disease, high blood pressure, diabetes, or anyone taking medication for asthma. Nicotine is a dangerous, habit forming substance and could be poisonous if ingested or comes into contact with the skin. Nicotine can increase blood pressure, cause nausea and/or dizziness. Medical attention should be sought if accidental contact occurs. KEEP OUT OF REACH OF CHILDREN AND PETS.
4.3 By ordering any product containing Nicotine, the Customer acknowledges the potential health risks of using Nicotine products and accepts full responsibility for the use of any products containing Nicotine.
4.4 Premium Vape will not be liable for any loss of any kind whatsoever suffered by the Customer arising in connect with the use of the Goods and the Customer agrees to protect, indemnify, defend and hold harmless Premium Vape absolutely from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgements, costs and expenses of any kind whatsoever (including reasonable legal fees and service costs) arising out of or in any way connected with the use or misuse of Goods supplied by Premium Vape.
5. INTERNATIONAL SHIPPING, IMPORTATION & LOCAL LAWS
5.1 The Customer agrees to, at all times, comply fully with all relevant laws, ordinances, rules, regulations and orders of all relevant regulatory bodies in the country it resides in.
5.2 The Websites are controlled and operated by Premium Vape, from New Zealand. Premium Vape makes no representation or warranty that the content of the Websites or the Goods sold comply with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of New Zealand. Access to the Websites or the purchase of the Goods from territories where such content or Goods are illegal is prohibited.
5.3 If a Customer accesses the Websites and/or purchases the Goods from outside of New Zealand, the Customer is solely responsible for compliance with applicable local laws and agrees to indemnity Premium Vape absolutely in respect of any liability arising for Premium Vape as a result of the Customers non-compliance with any laws, rules, regulations, procedures codes or governmental directives outside of the jurisdiction of New Zealand.
6.1 The Customer must place orders for the Goods to Premium Vape via the Websites’ online stores or in person at a Premium Vape retail outlet.
6.2 Orders for Goods are subject to Premium Vape’s approval and acceptance. Subject to the Terms, Premium Vape will not unreasonably decline an order. All orders are subject to the availability of Goods.
6.3 The Customer cannot cancel any order for Goods (whether fully or in part) unless Premium Vape has agreed in writing to the cancellation.
6.4 Premium Vape is entitled to:
(a) Discontinue the manufacture or supply of all or any of the Goods;
(b) Add to or substitute Goods; and
(c) Make such alterations, as it thinks fit, to the specifications, manufacture, design or packaging of the Goods.
Premium Vape will give Customers notice of any such change by updating the Websites.
7.1 The price payable for the Goods ordered will be the price specified on the Websites.
7.2 All prices for the Goods shall be in $NZD and shall be inclusive of GST (unless otherwise stated). Premium Vape may correct any clerical errors or omissions in any correspondence, invoice or on the Websites.
7.3 Except for New Zealand (and Australian Goods and Services Tax for orders under NZD $1000.00) (as applicable depending on the order delivery address and unless otherwise stated), prices do not include import fees, duties, tariffs, taxes or other charges which may be payable in relation to the Customer’s order. The Customer is solely responsible to pay any import fees, duties, taxes, and other charges which may be payable in relation to the order.
7.4 Premium Vape reserves the right to vary the price for Goods at any time. Premium Vape will notify the Customer of any variations to the prices specified on the Websites by updating the Websites.
8.1 Unless Premium Vape otherwise agrees in writing, the Customer must pay the full price for the Goods to Premium Vape before delivery of the Goods.
8.2 Payments must be made via the Windcave secure payment gateway facilities accessible via the Websites subject to any terms and conditions of this provider.
8.3 The Websites employ the latest in web security technology including a secure payment provided by Windcave. Windcave is a tier-one PCI DSS compliant payment gateway.
8.4 To the extent permitted by law, Premium Vape will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a Customer where a credit card is fraudulently used or is used in an unauthorised manner.
9. DELIVERY OF ONLINE ORDERS
9.1 Where Premium Vape has accepted an online order, Premium Vape will send the Customer an email confirming receipt of the order.
9.2 Premium Vape will then send the Customer an email with a tracking number from the carrier when Premium Vape’s distribution centre has dispatched the Goods. Premium Vape will endeavour to dispatch the Customer’s order within the usual timeframes indicated on the Websites. However any indications of delivery times by Premium Vape are made in good faith but are estimates only. Premium Vape will not be bound by such indications and will not be liable for any loss, expense or other damage caused by any delay in delivery.
9.3 Delivery of Goods for online orders shall be deemed to take place when the carrier delivers the Goods to the address provided by the Customer. Premium Vape uses signature required carrier services.
9.4 The Customer warrants that they will show a valid form of government issued identification to the carrier delivering the Goods for Premium Vape. This identification must include the Customer’s full name, date of birth, photo and signature. Premium Vape will not deliver to any Customer who is under the age of 18 and/or cannot show identification proving that they are 18 years or older.
9.5 The Customer may, at the carrier’s discretion, specify delivery instructions for an order, in particular authorising the carrier to leave the Goods in a specified location (known as an Authority to Leave). Premium Vape is not liable to the Customer for any failure to deliver, or for any delay in the delivery of the Goods for an order that is delivered in accordance with the Customer’s delivery instructions.
9.6 The Customer is solely responsible for ensuring their order complies with all applicable laws and regulations of the country for which the Goods are destined. Premium Vape will not be liable or responsible if the Customer breaks any such law.
9.7 If the Customer orders Goods for delivery to a destination outside New Zealand the Customer is solely responsible to pay any import fees, duties, taxes, and other charges which may be payable in relation to the order.
9.8 Premium Vape will ensure that the Goods are adequately packed for dispatch. Claims for damage or loss in transit must be made against the carrier in the manner prescribed by the carrier.
9.9 The Customer will inspect the Goods on delivery and shall within 48 hours after delivery notify Premium Vape of any discrepancies or other abnormalities the Customer wishes to make a claim for. If the Customer does not notify Premium Vape within 48 hours after delivery, then the Customer shall be deemed to have accepted the Goods.
9.10 Occasionally delivery may be affected by an Event Outside Premium Vape’s Control (as defined in term 14 Force Majeure).
10. WARRANTIES AND EXCLUSIONS
10.1 Subject to these Terms, Premium Vape supplies the Goods subject to any warranty given by the manufacturer of the Goods, or Premium Vape, as at the date of acceptance by Premium Vape of any order for the Goods, for the warranty period specified in the applicable warranty’s terms.
10.2 The Customer must adhere to any returns claim procedure contained in Premium Vape’s Returns Policy (as notified to the Customer by Premium Vape from time to time, including on the Websites) and the Customer shall allow Premium Vape the sole right to manage all warranty claims with any manufacturer.
10.3 The Customer must give written notice to Premium Vape as soon as reasonably practicable after discovering or being notified of any defect and the Customer must return the Goods to Premium Vape for assessment at the Customer’s cost. Subject to the Terms, Premium Vape’s liability howsoever arising under or in connection with any breach of warranty shall be limited to either:
(a) The repair of any defect occurring during the applicable warranty period; or
(b) At Premium Vape’s election, if Premium Vape considers that the defect is irreparable, replacement of the Goods or a refund of the full (or part of the) price of the Goods.
10.4 Where the Customer purchases goods for a particular purpose, it is the Customer’s sole responsibility to ensure that the goods will be suitable for the Customer’s purpose, and Premium Vape shall have no liability whatsoever in the event that the goods are not fit for the Customer’s purpose. The Customer and Premium Vape agree that Section 137 of the Commercial and Contract Law Act 2017 does not apply.
10.5 No agent or representative of Premium Vape is authorised to make any representations, statements, warranties, conditions or agreements not expressly specified in the Terms and the Customer agrees that Premium Vape is not in any way bound by any such representations, statements, warranties, conditions or agreements.
10.6 No warranty (express or implied) relating to the Goods shall extend under any circumstances whatsoever to include:
(a) Any loss or damage not covered by any warranty given under these Terms;
(b) Any loss or damage occurring at or after the expiry of the warranty period specified in the Manufacturer’s Warranty or the warranty period specified in these Terms;
(c) Any damage to the Goods due to external causes, including accident, abuse, misuse, failure to perform preventative maintenance, usage not in accordance with instructions for the Goods in any user/manufacturer guide, manual or other directions;
(d) Faults or defects caused by the Customer’s use of the Goods including, without limitation, faults or defects caused as a result of any person improperly using, cleaning, maintaining the Goods or repairing, modifying or adding to the Goods;
(e) Any damage to Goods after risk in the Goods passes to the Customer.
10.7 Nothing in the Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 where the Customer is a consumer (except to the extent permitted by the Act) and these terms and conditions are modified to the extent necessary to give effect to that intention. All representations, descriptions, warranties or terms (including any condition or warranty expressed or implied by law, statute or otherwise) not expressly included in these terms and conditions are hereby excluded.
10.8 The content on the Websites are provided for guidance only and are presented in good faith and believed to be correct as at the date on which it is prepared. Nothing contained in the Websites should be construed as a recommendation to use any particular Goods.
10.9 Premium Vape make no warranties or representations about the accuracy or completeness of the Websites, its content or the content of any Website “hypertext linked” to or from the Websites.
10.10 Premium Vape’s liability arising out of any claim in relation to these Terms shall not in any event exceed an amount equivalent to the price invoiced by Premium Vape for the faulty Goods or the Goods giving rise to the claim.
11. CUSTOMER’S LIABILITY AND INDEMNITY
11.1 The Customer warrants that it has the full authority to order or request Premium Vape to deliver the Goods and the Customer shall be bound by all such orders and requests. Where the Customer has ordered or requested Goods, the Customer indemnifies Premium Vape against any claim by any third party following delivery of the Goods by Premium Vape.
11.2 The Customer agrees to protect, indemnify, defend and hold harmless Premium Vape absolutely from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgements, costs and expenses of any kind whatsoever (including reasonable legal fees and service costs) arising out of or in any way connected with the Customer’s breach of the Terms.
12. INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION
12.1 Any sale and/or supply of the Goods shall not operate so as to transfer or vest in the Customer any trade mark, patent, copyright or other intellectual property right in the Goods whatsoever. All applicable intellectual property rights in respect of the Goods remain Premium Vape’s or the applicable licensor’s or manufacturer’s property and the Customer may not use, reverse engineer, interfere with or alter the intellectual property rights in any way.
12.2 Unless otherwise specified, Premium Vape is the owner of, or possess rights in respect of the copyright in, the content appearing on the Websites including the text, site design, logos, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement of those items.
12.3 The Customer is granted permission to electronically copy and to print hard copy portions of the Website for the sole purpose of using the Websites as a resource to acquire further information about the Goods. Any other use of the Content on the Websites (including reproduction for purposes other than that noted above, or any modification, distribution, or republication of any content on the Websites) without our prior written permission is strictly prohibited.
12.4 All rights not expressly granted herein are reserved. Any unauthorised use of the content appearing on the Websites may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
12.5 If the Customer has been provided with a login, username and password for the Websites, the Customer must keep the login, username and password confidential and must not disclose or distribute to any person or entity, unless Premium Vape has authorised in writing any disclosure of Confidential Information to any person or entity. The Customer indemnifies Premium Vape for any damages, losses, liabilities, costs or expenses Premium Vape sustains or incurs arising from the Customer’s unauthorised use or login, username and password. Premium Vape reserves the right to terminate the Customer’s login or account at any time.
13. CUSTOMER’S INFORMATION AND PRIVACY
13.1 In purchasing Goods from Premium Vape, the Customer irrevocably authorises:
(a) Premium Vape to collect, retain and use any information about the Customer for the purposes of marketing products and services to the Customer, assessing the Customer’s use of the Websites and/or undertaking market research and statistical analysis;
13.3 Where the Customer is an individual the Customer has the right to access any of the Customer’s personal information held and readily retrievable by Premium Vape and the right to request Premium Vape to correct any incorrect information about the Customer held by Premium Vape.
14. FORCE MAJEURE
14.1 Neither party shall be liable for any breach under the Terms in the event of force majeure which means any failure or delay in supply or delivery which is caused by strike, industrial dispute, natural disaster, shortage or unavailability of stocks of Goods or raw materials, shortage of labour for performance of the Services, lack of skilled labour for performance of the Services, failure of any supplier to supply goods, delay in transit, import restrictions placed on Premium Vape, legislative governmental or other prohibition or restriction placed on Premium Vape, fire, flood, hostilities, commotions or other causes whatsoever (whether similar to the foregoing or not) beyond the parties’ reasonable control.
15.1 The Terms shall be governed by and construed in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.
15.2 Except where otherwise agreed in writing, the Terms set out the entire agreement and understanding between the parties in relation to the subject matter of the Terms and merges all prior discussions between them and neither of the parties will be bound by any conditions, warranties or representations regarding the subject matter of the Terms other than as expressly provided in the Terms.
15.3 Notices in writing must be addressed to the other party and delivered by hand or by receipted delivery system.
Any waiver or failure to execute any rights by Premium Vape shall not be deemed to be a waiver of any further or other right of Premium Vape in respect of the Customer. No waiver is effective unless it is in writing.
15.4 No party may assign its rights or obligations under these Terms without the other party’s consent.
15.5 The headings to the clauses of these Terms are for ease of reference only and will not affect the interpretation or construction of these Terms.
15.6 Each and every covenant, obligation or restriction in the Terms and each part of them is deemed a severable and independent covenant, obligation and restriction. In the event of the invalidity of any covenant, obligation and restriction of the Terms such invalidity will not affect the enforceability of any other covenant, obligation and restriction of the Terms.
16.1 All product trademarks and logos are the trademarks of their respective owners/affiliates and are not associated with Premium Vape in any way.
16.2 Myblu® is a registered trademark of Imperial Brands. JUUL® is a registered trademark of JUUL Labs, Inc. Smok® is a registered trademark of Hong Kong IVPS International Limited. Eonsmoke® is a registered trademark of Eonsmoke LLC. Vapetasia® is a registered trademark of Vapetasia.
16.3 Premium Vape is not associated with Imperial Brands, Hong Kong IVPS International Limited, JUUL Labs, Inc Eonsmoke LLC, Vapetasia or any of these companies’ affiliates, in any way.