Terms and Conditions
By accessing our website, you, the user, agree to use the terms and conditions set out here. These terms and conditions may change at our discretion at any time and without prior notice. All orders and purchases made through this site are governed by these terms and conditions. The purchase of merchandise through the KiwieCigs.co.nz website is strictly limited to parties who can lawfully enter into and form contracts on the site in accordance with the laws of the jurisdiction of their residence. By entering the KiwieCigs.co.nz website you agree that you will access the content solely for your personal, non-commercial use. All illustrations, designs, icons, graphics, photographs, pictures and any other items included in this website are the exclusive property of KiwieCigs.co.nz unless otherwise stated. These Terms & Conditions apply to the purchase of goods from KiwieCigs.co.nz only.
In these Terms and Conditions:
1. “Seller”, “us” and “we” are references to the owner of this website, KiwieCigs.co.nz, which is a registered company in New Zealand.
2. “Buyer”, “you” and “your” are references to the purchaser of the goods from us;
3. “Goods” means the goods specified in the Seller’s invoice;
4. “Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods which incorporates these Terms & Conditions;
5. “Terms” means these terms and conditions;
6. “Site” means the KiwieCigs.co.nz website.
PURCHASING GOODS ONLINE
7. In order to make purchases through the site, the buyer will be requested to register and provide personal details. In particular, buyers must provide their real name, e-mail address and other requested information as indicated.
8. When ordering items, the buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
9. When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in these terms.
10. All orders are subject to acceptance and availability.
11. Any error in the ordering process due to technical or other reasons beyond the seller’s control entitles us not to treat the order as being binding on us.
12. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale. The site displays products, which form its collection. They are normally products that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand will sell out quickly. Should this be the case, you can contact our customer care department via our Contact Us page and KiwieCigs.co.nz will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment.
13. Once a choice has been made and the order has been placed, the buyer will receive an email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the buyer cancels the order in accordance with the seller’s Cancellation Policy, acceptance of the order and completion of the contract between buyer and seller will be completed when we dispatch the goods to you.
14. The sale contract is therefore concluded in New Zealand and the language of the contract is English. The contract will be subject to these terms and conditions and governed by US law and the buyer agrees to submit to the non-exclusive jurisdiction of New Zealand Courts in respect to any dispute that may arise under it.
The seller reserves the right not to accept the buyer’s order in the event, for example, that we are unable to obtain authorization for payment or that the item ordered is out of stock.
15. Prices shown on the site are in N.Z. Dollars (NZD). All prices and offers remain valid and as advertised from time to time. The price of a product displayed on the site at the time the order is accepted will be honored.
16. If the buyer is from outside of New Zealand, the buyer may also incur duties levied by the jurisdiction to which you have specified delivery. International shipments may be subject to import duties and taxes upon arrival in the destination country. These duties and taxes are the responsibility of the customer.
17. Payment for Goods and for the cost of packaging and delivery where applicable must be made before the Goods are dispatched.
18. Payment can be made by PayPal using PayPal funds or Visa, Master Card, Discover, or American Express as well as Direct Bank Transfer. In all cases, delivery will not occur until we are satisfied that the payment has cleared.
19. If the issuer of the buyer’s payment card refuses to authorize payment to the seller, we will not be liable for any delay or non-delivery.
20. All credit card transactions on this site are processed using Paypal merchant services, secure online payment platforms that encrypts your card and/or banking details in a secure host environment. The seller does not hold any credit card details on our site or in our customer database.
21. The seller will give the buyer an estimated delivery time frame for the goods, but no such estimated times or dates provided by us are guaranteed.
22. The seller will arrange for packing according to the method of delivery chosen by the buyer during the checkout process.
23. The buyer must check the goods immediately upon delivery and contact the seller if there are any problems with the goods. The buyer must notify the seller within 24 hours of delivery to ensure prompt attention as completed orders are filed away daily.
24. In the case that the goods have been damaged in transit, the buyer must keep all packaging, as this may be required when making a claim.
The seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the goods when such delay is due to causes beyond the reasonable control of the seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.
CANCELLATION, RETURN & EXCHANGE
25. The seller’s chief objective is to ensure the buyer is fully satisfied with their purchase. If, for any reason, the buyer is not satisfied with the goods purchased from our website, the buyer has a right to contact us via our Contact Us page for proper resolution. No refunds will be issued. All sales are final, with the exception where product is damaged or non-functional upon arrival. KiwieCigs.co.nz stands behind the quality of its products. Please make sure the battery of any kit you purchase is charged and click the power button 5 times fast to turn on the device.
26. In the event of a return/exchange of your order you must obtain approval by opening a Support Ticket on our Contact Us page.
27. The buyer must take reasonable care of all goods in their possession and return them to us, with their original packaging, within 7 days from the date the approval is issued.
28. In order to qualify for exchange/store credit, the goods or packaging must be returned in their original packaging, and accompanied by all items comprising the product.
OPT-IN OPT-OUT POLICY
Users of this site may access, amend or delete any data filled in on the registration form at any time by visiting your My Account Page.
The seller may from time to time contact you by email with information on new products; special discounts or other information we believe may be of interest to you. Any e-mail we send you will contain an easy unsubscribe link from all future mailings.
The website is accessed and used at your own risk. Although reasonable efforts have been made to ensure that all details on the website are current and contains no inaccuracies or errors, no guarantees are made that the website’s content will be error free, accurate and current at all times.