Terms & Conditions
Acceptance of terms These terms and conditions govern all supply of goods and services ("products") by MOD MAN VAPES, "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.modmanvapes.com.au ("the website"). They are effective from 01 August 2018 and will replace all earlier MOD MAN VAPES terms of trade and any conditions contained in any document used by you and purporting to have contractual effect. We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website. To make a purchase from our online shop you must be 18 years of age or over. Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise). If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supply All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Delivery and delivery charges Prices for goods and services stated on our website are exclusive of any applicable delivery charges. We only deliver to Australia and New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket. We will use all reasonable endeavors to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
Pricing All prices are in Australian Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time. An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment options We accept the following credit cards: Visa, MasterCard and American Express in person. We also accept payment from your PayPal account if you have one.
Credit Card Security All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions. Click here to for PayPal's terms. https://cms.paypal.com/nz/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US
Shipping and delivery
Standard Shipping within Australia: AUD $10
Express Post within Australia: AUD $15.95
Next business day delivery to roadside addresses and offshore islands within these zones is not guaranteed. For any updates to expected delivery times, please refer to the Australia Post website.
While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
Please note that international orders (including to New Zealand) cannot be delivered to Post Office boxes.
If any items in your order are out of stock at the time your order is packed, we will notify you via email and refund you for those items.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure. If the failure is minor, we reserve our right to offer to repair only. We reserve the right to not offer a refund or an exchange coupon.
Please read the following carefully to ensure you are fully aware of your rights under the policy and our obligations to you. MOD MAN VAPES will accept returns and provide you with an exchange voucher, refund (refund will be provided using original payment method) or repair where:
The item is faulty or is not of acceptable quality, or
The item is not fit for its intended purpose, or
The product does not match the sample or our description; and
You can present a valid receipt or other adequate proof of purchase
MOD MAN VAPES may elect to return the product to the manufacturer's repair agent to determine the nature of the problem. We reserve the right not to offer an exchange voucher, refund or repair where the item fault is a result of misuse or neglect.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair goods.
Proof of Purchase
Returns, refunds, exchanges or repair requests must be accompanied by any one of the following proof of purchase documents:
Original register receipt (no photocopies accepted)
Online Tax Invoice (order confirmations will not be accepted)
Proof of purchase is the original MOD MAN VAPES receipt.
For further information, please contact our Customer Support by emailing email@example.com
Liability Limitation Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade. We will always endeavor to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website. To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993. Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside. Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of Australia. The Courts of Australia shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services. Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis). You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
General Conditions We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.qavaping.com.au If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights. If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions. Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it. We may deliver notices to you by sending them to an email address that you have notified to us.