Terms Of Use
Quality e-Cigarette Terms and Conditions
About These Terms And Conditions
In these Terms and Conditions “we” and “us” mean Quality eCigarette of PO Box 1833, Noosaville BC,
QLD 4566, Australia, and “you” means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
Legal Capacity To Transact
If you are under the age eighteen (18) years you cannot place orders with Quality eCigarette.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Quality eCigarette suffer any damage or other losses as a result of a transaction entered into by a minor, Quality eCigarette reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Quality eCigarette.
Placing Your Order
You may place an Order by filling in the Order Form on the Quality eCigarette Web Site and clicking the “Submit My Order” button.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Quality eCigarette website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Quality eCigarette will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Quality eCigarette and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
Quality eCigarette currently accepts PayPal, Visa, MasterCard, American Express or bank transfer.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding Public holidays.
We process credit card and PayPal payments after you click the "Submit My Order" button.
For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.
Please Note:
You may be required to provide further identification for additional security reference checks.
Prices
Quality eCigarette always seeks to list Products with the most competitive prices.
Quality eCigarette reserves the right to change prices for Products displayed at Quality eCigarette at any time before you place an Order.
The price of products shown excludes shipping costs.
Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
Delivery Of Your Products
Delivery time takes up to 2 working days from the date your payment is received. Quality eCigarette is using Express Post for delivery in Australia. For all orders the postage cost is $8. On average, we are covering more than 25% of the postage costs.
Quality eCigarette makes every effort to deliver your Product according to the estimated delivery times provided by Quality eCigarette. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Express Post) will leave a card so you can pick-up your Product from your local Post Office.
Title and risk of loss to all Products will pass to you on delivery.
Consumer Guarantees
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees.
For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:
reject the goods and receive a refund
reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
keep the goods and receive compensation for the drop in value caused by the problem.
If you think that a Product is defective you should contact our Customer Service. A photo may be requested to assist with the assessment of your claim. Where a Product is defective and needs to be replaced or repaired return shipping will be arranged at the expense of Quality eCigarette. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
Returning a Product if You Change Your Mind
If you change your mind about a purchase or make an incorrect choice, we will refund your money within 7 days of delivery for unopened products.
Return Authorisation Number - A Must Have
A Return Authorisation (RA) number is required for replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is defective, Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to Quality eCigarette within 7 calendar days of the issuance of the RA. Where possible, all Products should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, only a partial refund will be applied.
Organising the Return of Products
Products must be returned whenever we agree to provide you with a refund or replace the Product.
You should return a defective Product by Australia Regular Post and Quality eCigarette will refund reasonable postage fee up to A$ 10.
When a Replacement Product is arranged:
A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned Product.
The delivery time for the replacement Product will be the same as stated for the original Product.
Manufacturer Warranty
Some Products sold through Quality eCigarette are serviced and supported by the manufacturer. All our Products except low resistance (LR) atomizers, cartridges, e-Liquid and lorAnn Oils are covered by 28 days Manufacturer Replacement Warranty if they are used according to manufacturer specifications. Any alterations to the Products and Product miss-use will void the manufacturer warranty. No replacement Products will be posted out to customers before inspection of the faulty items. If returned Products are not tested as faulty, it is your responsibility to pay return shipping costs.
Our Liability
To the extent permitted by law:
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
Credit Card Fraud
While Quality eCigarette employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, Quality eCigarette will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Quality eCigarette. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Quality eCigarette reserves the right to change the Terms and Conditions of sale at any time.
Force Majeure
To the extent permitted by law, Quality eCigarette is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Quality eCigarette, and Quality eCigarette shall be entitled to a reasonable extension of time for the performance of such obligations.