1. Terms and Conditions of Use
By using the Smokemart website you are subject to the following terms and conditions of use. These Terms and Conditions of use govern your use of this web site and your use of this web site indicates your acceptance of these Terms and Conditions. Smokemart"We, Us") may from time to time amend, update or change this web site including these Terms and Conditions without prior notice. Any promotion, competition, product or service identified or contained in this website is subject to these Terms and Conditions or those specified on the applicable webpage.
Our website is intended solely for persons who are 18 years old or older. Any access to or use of the website by anyone under the age of 18, is expressly prohibited. By accessing or using our website you represent and warrant that you are 18 years old or older. Furthermore, you agree to be of the legal age required by the state of your residence when purchasing applicable products from our site. It is your responsibility to determine if you can legally buy certain products (“Products”) from the site which may include for example, tobacco products, smoking accessory products or sexual wellness products, that may be available for purchase.
2. General Disclaimer
Smokemart is not liable for any loss suffered in connection with the use of this website or a linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
3. Content
Publication of electronic addresses on the website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages. We reserve the right to change any of the material on this web site at any time. We do not undertake to keep this web site updated and are not liable to you or anyone else if errors occur in the information on this web site or if that information is not up to date.
4. Intellectual Property Rights
All materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by Us and protected by copyright. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by legislation, these Terms and Conditions or express written permission from Us. You may not, in any form or by any means: adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or commercialise any information, products or services obtained from any part of this website, without prior written permission from Us. The trade marks must not be used or modified in any way without our express written permission or the relevant third party owner. Any unauthorised use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and other civil and criminal statues.
5. Hyperlinks
Smokemart no representations about websites accessed through this site which are not maintained, controlled or created by Smokemart. Smokemart does not endorse these sites and is not responsible for their content.
6. Site Policies, Modification and Severability
We reserve the right to make changes to our site, policies, and these Terms and conditions of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
7. Limitation of Liability
Your use of the website is at your risk. We make no warranties or representations as to its accuracy and, to the extent permitted by law. We specifically disclaim any liability or responsibility for any errors or omissions in the content on the website. We will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use this web site and the content, whether based on warranty, contract, tort, negligence or any other legal basis, and whether or not We know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.
8. Warranties
Except as otherwise stated in the text of a webpage of this website or as required by law, everything on the website and all products displayed on the website are provided to you "as is" and, to the extent permitted by law, is provided without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Information on this Web site may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. We have a policy of continuous improvement of products and reserve the right to make improvements or changes to products without notice. We do not warrant that your access will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use of or result of the use of the material in this site in terms of their correctness, accuracy, reliability or otherwise. You assume the entire cost of all necessary servicing, repair or correction. on account of your access to, use of, or browsing in the website (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the website. We are not responsible for the content of any website linked to or from the website. Your linking to any other website is entirely at your own risk and is only provided for your convenience and should not be interpreted as an endorsement of the owner/sponsor of the website or the content of the website. To the extent permitted by law, We disclaim all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
9. Governing Law
The information contained in this website is intended for use by persons resident in Australia and is governed by the laws of the State of Victoria and the Commonwealth of Australia. This Website may be accessed throughout Australia and overseas. We make no representations or warranties that the content of this web site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this web site from outside Australia, you are responsible for ensuring compliance with all laws in the place where you are located.
10. Specific Warnings
10.1 You must ensure that your access to, or use of, the Website is not illegal or prohibited by laws which apply to you.
10.2 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Smokemart takes no responsibility for any such damage which may arise in connection with your use of the Website.
11. Goods
11.1 Smokemart takes no responsibility for the content of any Goods purchased through the Website.
11.2 You warrant that, if your Order includes Restricted Material, you are eligible to purchase such Goods.
12. Pricing
12.1 Prices displayed on the websites are subject to change without notice. Prices for items on an order are fixed once your Order has been accepted. Subsequent price changes either up or down will not be retrospectively applied to accepted Orders.
12.2 You agree to pay the delivery charges specified at the time you submit your Order.
12.3 All prices listed are in AUD
12.4 Online pricing is not indicative of in store pricing
12.5 Sales, Markdowns and Promotional Codes
12.5.A Sale and Markdown Items – sale prices are displayed on our website with the current sale price, no further discounts apply.
12.5.B “$10 Off your first order” promotional code, offer valid on full price GiftBox product only for order equal to or greater than $100, not valid in conjunction with any other offer or promo code offer. One voucher per transaction. Single use voucher. This code must be used at checkout and cannot be reimbursed post purchase.
12.5.C “Buy One Get One 50% Off” promotional code, offer valid on selected full price Giftbox product only, not valid in conjunction with any other offer or promo code offer. This code must be used at checkout and cannot be reimbursed post purchase.
12.5.D GiftBox Online promotional codes not previously mentioned, from time to time, we offer promo codes for free shipping or further discounts, these promotional codes are not valid in conjunction with any other offer or promo code.
13. Orders
13.1 You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and pressing the "Complete Order" button. Orders will be deemed to have been received by Smokemartat the time Smokemartsends an Order confirmation to your nominated e-mail address.
13.2 Each Order (once accepted) represents a separate Agreement incorporating the terms of that Order.
13.3 Smokemart reserves the right to not accept Orders that request commercial quantities of Goods. If Smokemart is unable to supply your total Order this Agreement will apply to the supply of all or part of the Order.
13.4 Smokemart will use its best endeavours to supply Orders placed through the Website, however Smokemart reserves the right to cancel any Order without notice for any reason.
13.5 In event of a cancelled Order, any payments processed by Smokemart will be promptly refunded.
13.6 Once an order has been placed and payment has been confirmed, the order cannot be changed or cancelled. You may return an order once it has been delivered by following our Returns Process.
13.7 You acknowledge that the Internet can be an unstable and, sometimes, insecure marketplace. At times the Website may not be available, or Orders may not be processed or may not be accepted for reasons beyond our control. In these circumstances Smokemart accepts no responsibility.
14. Payment
14.1 You may provide your nominated credit card details during the purchase process described on the Website.
14.2 Once the Goods the subject of your Order are received from suppliers and are ready for dispatch, Smokemart will process payment for the Goods (plus any delivery charges) using your nominated credit card (Visa or Mastercard).
14.3 You authorise Smokemart to debit such amount from your nominated credit card.
14.4 If your nominated credit card is declined by your financial institution, Smokemart will not be able to guarantee the delivery of the Goods, and may contact you to make alternative payment and delivery arrangements.
14.5 Smokemart may decide at any time not to accept payment from you by credit card for any reason. If we decline to accept payment, we will not process the Order and may not contact you to inform you that your Order will not be processed. We may process this Order or further Orders if you make a payment by another method that is acceptable to Smokemart.
15. Delivery, Risk and Title in the goods
15.1 Smokemart will use its best endeavours to deliver the Goods to your nominated delivery address within the time period specified at the time of placing your Order. However Smokemart will not be liable to you or anyone else for any losses suffered or incurred due to delay.
15.2 Subject to payment, property and risk in the Goods passes to you upon delivery of the Goods to your nominated delivery address.
15.3 All parcels are delivered using Startrack. Startrack reserves the right to request identification at the time of delivery. If the residence is unoccupied at time of delivery or identification can not be provided, StarTrack will attempt to re-deliver the following day. If the residence is again unoccupied the intended resident will be charged a return-to-sender fee and the goods will be returned to Smokemart Online where a full refund will be issued upon receiving goods.
16. Faulty or damaged goods
16.1 Smokemart will use its best endeavours to replace any faulty Goods, or Goods damaged prior to delivery.
16.2 Damaged or faulty Goods will be replaced (at the discretion of Smokemart ) or where replacement of damaged or faulty Goods is not possible (in the opinion of Smokemart ) a full refund will be issued for the value of the faulty or damaged Goods.
16.3 All damaged and faulty goods must be returned to Smokemart .
17. Returns
If you have a return, please refer to our returns policy for more information.
18. Indemnity
18.1 You waive, release, discharge and relinquish any and all claims that you now have or may have against Smokemart which are connected with, arise out of, relate to or are incidental to the use of the Website.
18.2 You agree to indemnify Smokemart and keep us indemnified, and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Smokemart arising out of or in connection with the Website by any other person as a result of your, or any person using your password's:
(a) act or omission;
(b) breach of these terms and conditions; or
(c) infringement of any Intellectual Property on the Website.
19. Privacy
Please refer to our website privacy policy for detailed information.
20. General
20.1 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
20.2 A failure or delay by Smokemart to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Smokemart does not preclude its future exercise or the exercise of any other power or right.
21. International Online Customers
We do not accept any orders from international customers or international credit cards.
22. Smokemart
In these Terms of use, a reference to Smokemart is a reference to Smokemart Online (ABN 44 670 895 904) trading as Smokemart.
23. Layby (in-store service only)
23.1 All goods remain the property of Smokemart until the Lay-by is finalised ie. until full payment for the goods are received by Smokemart.
23.2 The minimum lay-by deposit is 20% payable in the initial transaction.
23.3 The price of the goods is to be paid by the customer in fortnightly instalments. Lay-by instalment payments are to be made every 14 days throughout the term of the lay-by period.
23.4 The lay-by must be finalised within 8 weeks of the deposit date.
23.5 Smokemart may cancel the lay-by if not finalised within the specified period noted in item 4.
23.6 No part of the lay-by goods can be separated and collected by the customer until the final payment has been made in full by the customer.
23.7 Any change of customer contact details must be notified to the store where the lay-by originated.
23.8 If you request the cancellation of the lay-by within the 8 week lay-by period and before collection of the goods, your payments will be refunded.
23.9 Please note that if the agreement is cancelled by you as per clause 8 above then a termination change to cover for Smokemart ’s reasonable costs will be applicable for the termination fo the Agreement if:
a) the agreement is terminated by you; and
b) Smokemart has not breached this Agreement
23.10 Smokemart may cancel the agreement if:
a) you have breached a term of this agreement;
b) Smokemart is no longer engages in the business; or
c) the goods to which the agreement relates to are no longer available
23.11 If a lay-by is not finalised within 8 weeks of the deposit date then all payment including deposit will be refunded to you other than any termination change that will be deducted from you refund to cover Smokemart reasonable costs which will be 50% of the deposit paid by you.
23.12 Please note that Smokemart is entitled to recover any unpaid termination charge from you as a debt if the amounts paid by you under this agreement are not enough to cover the charge.
23.13 All details of the lay-by docket form part of these lay-by conditions.
23.14 Both the customers and Smokemart shall have the benefit of any rights conferred and any warranties and conditions implied by law.
*At least two payments are required (including any deposit paid by the customer which will comprise as the 1st instalment) fortnightly.
In these Terms of Use a reference to Smokemart is a reference to SMOKEMART ONLINE (ABN 44 670 895 904) trading as Smokemart.