Terms of service
By visiting or viewing our website or ordering from Smokezilla you agree to acknowledge and be bound by the Terms of services outlined in this agreement.
This Agreement outlines the terms of services bound to all Smokezilla transactions incorporating, but not limited to: online, fax, phone and email ordering. Furthermore, this agreement outlines specific terms of use applicable to all aspects of our website. We may amend this agreement at any time at our discretion by posting the amended terms on our website. Unless otherwise stated below, all amended terms shall automatically be effective immediately after they are updated on the website. This agreement may not be otherwise amended except through a written request from you (signed) and agreed by us.
WARNINGS
By signing up (as defined below), you represent, acknowledge and agree that you are of legal smoking age and fully aware of the following warnings:
NICOTINE WARNING
The, e-liquids, herbal cigars, wraps and other similar products distributed by Smokezilla may contain nicotine, a poisonous and addictive substance. Such products are only intended for committed smokers of legal smoking age and should not be used or handled by non-smokers, children, those who may be pregnant or may become pregnant, those who are breastfeeding, or any person with an elevated risk of, or preexisting condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure or asthma. Consult a physician before using the Products. If you experience any reaction or other adverse effects from the use of the Products, stop using the Product immediately and consult a physician. Products contain concentrated nicotine and are dangerous if directly inhaled, spilled on skin, orally ingested or used improperly. Products are not smoking cessation products and have not been tested or guaranteed as such. Products included in Smokezilla have not been evaluated by the Food and Drug Administration nor is it intended to treat, prevent or cure any disease or condition.
ALLERGEN WARNING
The Products may be manufactured from nuts or plants which can trigger nut or plant-based allergies in certain individuals. Please review all warnings and product ingredients on the labels of the Products before consumption. Individuals with nut and plant-based allergies should take special care before consuming the Products. Consult with your doctor for concerns regarding potential allergens.
DISPOSAL WARNING
Because of the poisonous and addictive nature of the Products, they should not be directly disposed of in the trash. The Products must first be mixed with kitty litter, sawdust or other absorbent materials and placed in a sealed bag or double bag before being disposed of in your trash can. This applies to low nicotine concentrations below 10% by volume (100mg Strength).
For their protection, keep all Products and Devices out of reach of children and pets.
General
Smokezilla is the owner and publisher of the content contained in this website (referred to as "our", "us", "we").
As a user of this website (referred to as ‘”you” and “your”), you are subject to these Terms, our Privacy Policy, our Returns Policy, our Online Sales Terms, and any other laws or regulations which apply to this website. If you do not accept these Terms, you must refrain from using this website.
We reserve the right to revise these Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this website. By continuing to use this website after such publication, you agree to be bound by these Terms as revised. You should therefore periodically visit this page to determine the current Terms.
Any reference to "website" means the whole or any part of the web pages located at this URL or domain (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).
Contract Information
The information contained on this website constitutes an invitation to treat and not an offer to supply goods or services to you. When you submit an order to us, you are making an offer to buy those products in accordance with these Terms and in accordance with our then current terms of trade including our Online Sales Terms. We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you, including any order we believe, in our sole judgement, to have been placed fraudulently or in an effort to supply trade re-sale.
Information/Content
The information contained on this website is intended for general information only. While we endeavor to ensure that information on the website is correct, sometimes errors or inaccuracies do occur, for which we apologize.
We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this website. We reserve the right to make changes at any time and without notice to you, to any element of this website.
To the extent permitted by Australian law, we make no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website or any other website.
Except as otherwise described, all materials on this website are made available only to provide information about this website, and the products which may be ordered from this website.
Details contained on this website relating to the products and the sale of the products through this website have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside Australia you are responsible for compliance with applicable local law.
Price, Products And Services
All prices on this website are in Australian dollars and are exclusive of GST and any other sales tax. Please note that we reserve the right to alter the prices at any time for any reason.
10% GST may be added to your order at checkout as a separate line item as per Australia law on imported goods.
Prices are subject to change, and do not include display accessories, options or delivery.
Intellectual Property
This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by us, or in some cases, a related body corporate or third party, and unless stated, is copyright. These intellectual property rights are protected by Australian and international laws.
You may view our website and its contents for personal and non-commercial use only, and as such this is subject to copyright law and the Copyright Act 1968. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialize any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
Viruses
Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website, and to the maximum extent permitted by law, we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Cookies
We may use a cookie file containing information that can identify the computer you are working from. The cookie file is anonymous as it only gives us details of your IP address, PC platform (Windows, NT or Mac), browser (e.g. Microsoft, Netscape or other, plus the version of Browser) and domain (whether you are accessing the site from NZ or elsewhere).
You can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive.
Disclaimer
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010.
Competition and Consumer Act 2010 (CCA)
Nothing in these Terms is intended to avoid the provisions of the CCA except to the extent permitted by the CCA or to exclude liability arising under any other statute. If and to the extent that such liability cannot be lawfully excluded, these Terms shall be modified to the extent necessary to give effect to the above intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CCA shall not apply.
Applicable Laws
This website and these Terms shall be governed by, and construed in accordance with, the laws of Australia shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in relation to this website or these Terms.
The information contained on this website has been prepared in accordance with Australian law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.
Severability
If any provision of these Terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.
Changes to These Terms
We may, from time to time, add or remove information, products or services from this website without notice.
We reserve the right to amend these Terms at any time without notice, and we may terminate your access to this website at any time without notice. Your continued use of this website will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.