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Terms & Conditions

Vapemerchant.nz and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Vapemerchant.nz, you accept these conditions. Please read them carefully. In addition, when you use any current or future Vapemerchant.nz service or visit or purchase from any business affiliated with Vapemerchant.nz, whether or not included in the Vapemerchant.nz website, you also will be subject to the guidelines and conditions applicable to such service or business.

Electronic communications

When you visit Vapemerchant.nz or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Vapemerchant.nz or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Vapemerchant.nz and protected by international copyright laws. All software used on this site is the property of Vapemerchant.nz or its software suppliers and protected by international copyright laws.

License and site access

Vapemerchant.nz grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Vapemerchant.nz. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Vapemerchant.nz. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vapemerchant.nz and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Vapemerchant.nz's name or trademarks without the express written consent of Vapemerchant.nz. Any unauthorised use terminates the permission or license granted by Vapemerchant.nz. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Vapemerchant.nz so long as the link does not portray Vapemerchant.nz, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Vapemerchant.nz logo or other proprietary graphic or trademark as part of the link without express written permission.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Vapemerchant.nz does not sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18 years of age, you may not use Vapemerchant.nz. Vapemerchant.nz and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Purchase of Product - applicable Laws

If you use this site, you are responsible for ensuring you comply with any local/ regional or national laws in regards to the product that you have purchased. Please ensure you select products that comply with all laws in your region. Vape Merchant takes no responsibility or liability for refunds of purchased product that have been seized/ destroyed due by local authorities outside of New Zealand Jurisdiction. Any products returned, freight and handling fees will be deducted before any balance of refund is issued.

Vape Merchant assumes that all customers have obtained a prescription for nicotine from a registered Australian medical practitioner before importing our products for personal use under the Personal Importation Scheme.

Reviews, comments, communications and other content 

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Vapemerchant.nz reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Vapemerchant.nz and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Vapemerchant.nz and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Vapemerchant.nz or its affiliates for all claims resulting from content you supply. Vapemerchant.nz has the right but not the obligation to monitor and edit or remove any activity or content. Vapemerchant.nz takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright complaints

Vapemerchant.nz and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

Risk of loss

All items purchased from Vapemerchant.nz are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product descriptions

Vapemerchant.nz and its affiliates attempt to be as accurate as possible. However, Vapemerchant .nz does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Vapemerchant.nz itself is not as described, your sole remedy is to return it in unused condition.

Other businesses

Parties other than Vapemerchant.nz and its subsidiaries sell product lines on this site. In addition, we provide many links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. Vapemerchant.nz does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of warranties and limitation of liability 

This site is provided by vapemerchant.nz on an "as is" and "as available" basis. Vapemerchant.nz makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law,  vapemerchant.nz disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Vapemerchant.nz does not warrant that this site, its servers, or e-mail sent from Vapemerchant.nz are free of viruses or other harmful components. Vapemerchant.nz will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Disputes

Any dispute relating in any way to your visit to Vapemerchant.nz or to products you purchase through Vapemerchant.nz shall be submitted to confidential arbitration in, except that, to the extent you have in any manner violated or threatened to violate Vapemerchant.nz's intellectual property rights, Vapemerchant.nz may seek injunctive or other appropriate relief in any court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site policies, modification and severability 

Please review our other policies, posted on this site. These policies also govern your visit to Vapemerchant.nz. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Canceled Orders

When you (the customer) place an order on Vapemerchant.nz website your bank automatically places a hold on your funds for the purchase amount for up to 7-14 days to ensure you have enough money available to make the transaction. When you (the customer) cancel this order, before we have processed it, the bank hold on these funds remains for 7-14 days, even though it has been cancelled. The duration of this hold on funds is dependent on your banking provider. Please contact your bank for further information.

Moneyback Guarantee 

  1. Offer is open to residents of New Zealand who purchase products from Vape Merchant stores or online website: vapemerchant.nz. This offer is not available for trade (commercial) or for wholesale purchasers, nor employees of the Promoter, its associated companies, and agencies associated with the offer and their immediate families, who are all ineligible to claim.
  2. To claim your money back email a copy of your proof of purchase to info@vapemerchant.nz and return product to:
    Vape Merchant Limited
    11a Croucher Street
    Richmond, Nelson 7020
    NEW ZEALAND
  3. The Promoter will only accept claims with an original purchase receipt.
  4. The Promoter reserves the right to verify the validity of all claims received and reserves the right to disqualify any claimant for tampering with the claim process. Any claim not complying with these terms and conditions is invalid.
  5. Promoter is not responsible for any mail lost, delayed or misdirected, or illegible claims.
  6. These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Consumer Guarantees Act 1993 [NZ]) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
  7. All valid claims will receive a refund for the purchase price paid by the claimant as shown on the original purchase receipt attached to their claim.
  8. Valid claims will be processed and posted to claimants within 14 days of receipt by the Promoter’s handling house. Claimants should allow 6 weeks from the date they post their claim for delivery of their refund. 
  9. Each claim becomes the property of the Promoter.

PHIX Auto-ship

By agreeing to the terms of the Auto-ship model, you agree to regular deductions from your credit card ongoing until you choose to cancel or advise Vape Merchant by email communication at least 2 working days prior to your next payment. Upon each confirmed payment, Vape Merchant will ship your allocated stock.

Ownership of the Phix pods passes to the subscriber once goods are delivered.

PHIX Warranty

Vape Merchant only warrants Phix devices against defects in materials and workmanship under normal use for 1 year from the date of retail purchase, by the original purchaser (this limited warranty is not transferable to subsequent purchasers). Warranties must be registered at time of purchase for coverage.


What is not covered by the warranty?
Phix pods themselves are not covered by the 1 year warranty.

Damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes

Damage caused by the device being exposed to or coming in contact with moisture (e.g. liquids, water, rain, extreme humidity, unusual heavy perspiration or other moisture) or extreme environmental conditions (e.g. sand, food, dirt or similar substances.

Damage caused by operating the device outside the permitted or intended use as described by the Phix documentation will void this warranty.

Further, opening, disassembling, tampering or modifying the device will void this warranty.

Any original purchasers returning devices for repair or replacement will be subject to age-verification. Phix/Vape Merchant/Vapertech will honour this warranty from original purchasers of legal age to purchase the device.

Vape Merchant reserves the right to change the terms of this warranty without any prior notice and at its sole discretion.


Parking Shipments

Shipments can be skipped if you are not using your Phix product as regularly as auto-ship allows. Regular deliveries will resume on the following set period of each skipped order.

You can change the flavour and quantity/ add new flavours of your Phix pods via the website via your account page, or by notifying us in writing.

Failed Payments

In the event our e-commerce partner receives a dishonour notification from your bank, indicating the credit card payment has failed, you will be notified in writing to rectify the dishonour. No product will be shipped until payment has been received.

Cancellation Policy

You can cancel your Auto-ship at anytime either via your account or by notifying us in writing 2 working days prior to any due shipment. There are no cancellation fees. 

Vape Merchant website and all related content and associated services (collectively the “website” is a service owned and operated by Vape Merchant. Vape Merchant has adopted these Terms and Conditions to inform you of your rights and obligations when using the web site and/or when purchasing Phix products. Your use of this website and/or your purchase of any product constitutes your agreement to the following Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use the website or purchase products from the website.