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Terms & Conditions

Introduction

These terms and conditions apply to the entire contents of the Website under the domain name ( www.smokeandvanilla.com”) and to any correspondence by email between us and you. The conditions of use of Smoke & Vanilla Website include these terms, our Privacy Policy, and any other terms and conditions that appear in or are linked or from the Website.

Definitions

“Conditions” means the terms and conditions set out below;

“Contract” means the contract incorporating these terms and conditions which is formed when you place an order and we confirm acceptance of such an order;

“International” means countries other than Australia;

“Order” means order placed by you using this website for the purchase of one or more of our products;

“Personal Information” includes all information provided by you in an order or when you register on any part of this Website;

“Product” includes all goods and services provided by Smoke & Vanilla on this Website;

“We”, “us”, “our” or “Smoke & Vanilla” means Smoke & Vanilla Pty Ltd (ACN 169 534 810);

“Website” means the website under the domain name www.smokeandvanilla.com;

“You” includes users of this Website.

Acceptance of Terms and Conditions

This Website is owned and operated by Smoke & Vanilla (ABN 59141365232). By accessing or using this Website you agree and accept the following terms and conditions and accept the disclaimers and that you have read and understood these terms and conditions, regardless of whether or not you choose to register with us.

Smoke & Vanilla may amend these terms and conditions from time to time. Any amendment will be notified to our customers and users and will be effective immediately upon being published on this Website. By use of this Website you consent to any variations and it is your responsibility to regularly check these terms for any variations.

Termination

We may, at any time, in our sole discretion, suspend or terminate the access to this Website for any user without notice for any reason, including but not limited to a breach of these terms. Suspension or termination shall not affect either party’s rights or liabilities.

Smoke & Vanilla may identify or bring legal action against any person who is or may be breaching these terms and conditions, including obtaining injunctive relief.

Intellectual Property

Unless otherwise indicated, all materials on this Website (including but not limited to images, product descriptions, and promotional materials), and this Website itself, are protected by copyright, trademark and other intellectual property laws of Australia and, through international treaties, other countries. All rights are owned by and reserved to Smoke & Vanilla. Except as expressly provided, nothing contained herein shall be construed as creating any licence or right under copyright, trademark or other intellectual property rights.

This Website and any portion of this Website may not be reproduced, duplicated, copied, sold, re-sold, transmitted, adapted, modified or otherwise exploited for any other purpose (commercial or non-commercial) other than purposes expressly permitted by Smoke & Vanilla or with prior written consent of Smoke & Vanilla.

Our Website includes registered trademarks and other marks that are protected by law. You may not use our trademarks without our consent.

You may view this Website and its contents using your web browser, save an electronic copy and print certain parts of this Website which specifically permit such uses.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Smoke & Vanilla of its licensors.

Registration

Where you register for any area of this Website, you must provide us with true and accurate registration information. We recommend that you keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.

Smoke and Vanilla reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol Addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.

We advise you to ensure you log out of all services when you have finished using a public computer.

Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. Someone else with access to your device may be able to access your Smoke and Vanilla account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your account(s).

Use of Website

You must not use this Website for any activities, or post or transmit to or via this Website any information or materials which:

  • Breach any laws or regulations, infringe a third party’s rights or privacy, or which are contrary to any applicable standards or codes;
  • Interfere with other users, defame, harass, threaten, bully, or offend any person, or which inhibit any other user from using the Website; or
  • Is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings.

In addition to the above, you must not:

  • Use this Website to send unsolicited commercial or bulk electronic messages;
  • Make any fraudulent or speculative enquiries, reservations or requests using this Website;
  • Provide false information when registering or changing your registration details;
  • Tamper with, hinder the operation of or make unauthorised modifications to the Website;
  • Knowingly transmit any virus or other disabling feature to or via the Website; or
  • Attempt any of the above acts or permit another person to do any of the above acts.

Product Display & Description

While all products as displayed and described on this Website are as accurate as possible to the actual products sold by Smoke & Vanilla, errors may occur. Smoke & Vanilla cannot guarantee the accuracy of this and does not take any responsibility for any discrepancies in colour, shape, size, quality, or material of the products.

 

Service Access

While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period. We give no warranties as to the availability, performance or accessibility of the Website.

 

Access to the Website may be suspended temporarily and without notice at our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.

 

Links

This Website may contain links to other Websites. Smoke & Vanilla is not responsible for the availability of, or any content or material contained in, or obtained through any such Websites. Any link to another Website and reference to third-party information, products or services linked to this Website, is not, and should not be construed as, an express or implied endorsement by Smoke & Vanilla. You access those sites and use the information, products and services made available at those sites at your own risk. Any concerns or complaints regarding any such service or resource, or any related link, should be directed to that particular service or resource.

Cookies

Cookies are small pieces of information captured when your device is used to access online content. Smoke & Vanilla’s Privacy Policy outlines how we use cookies. If you disable cookies on your browser or device, you may not be able to fully experience all features of the Website.

Viruses

Smoke & Vanilla cannot guarantee that any file or program available for download and/or execution from or via this Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this Website, and you release Smoke & Vanilla entirely of all responsibility for any consequences of its use.

Purchase & Sale of Goods

Any order placed by you using this Website constitutes an offer by you to Smoke & Vanilla to purchase a particular product or service for the price (including delivery and other charges) specified in this Website at the time you place your order. Smoke & Vanilla reserves the exclusive and unfettered right to accept or reject any offer for any reason, including, but not limited to, the unavailability of any product, an error or omission in the price or the product description, or an error in your order. No binding contract shall be formed unless Smoke & Vanilla communicates to you that it has accepted your order and payment of the purchase price has been confirmed.

If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel and you have already paid for the goods, you will receive a full refund.

Prices

Prices displayed on this Website are quoted in Australian Dollars (AUD$) and include Goods and Services Tax (GST). They are current at the time of publication and may change at any time at the complete discretion of Smoke & Vanilla and are subject to availability.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

Australian GST tax rate applies to all orders delivered within Australia.

International orders are exempt from Australian GST; however they may incur taxes and duties applied by customs in the country where the order is delivered. Any such taxes and duties incurred are the responsibility of the customer. Furthermore, the issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.

To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable merchandise. We are also prohibited by law from marking the order as a ‘gift’, even if the order is placed with the intention of sending to a gift recipient.

Payment

We appoint PayPal Australia Pty Limited (ABN 93 111 195 389) as our billing agent to invoice and collect payment for the goods you are purchasing on our behalf, so you will see their name on your invoice and on your transaction history if you pay by credit or debit card. Please contact our Customer Care Team at ­­­­­­­­­­­­­­­­­­­“info@smokeandvanilla.com.au” if you have any questions about invoicing and payment of goods.

Upon receiving your order, our billing agent carries out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once your payment has been approved.

Discounts

Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

Any further conditions of use relating to any discount code will be specified at the time of issue.

In addition to the terms and conditions stated herein, the following terms and conditions relate to all Smoke & Vanilla promotions, competitions and discount codes (unless otherwise stated):

  • Only one promotion code can be used per order;
  • Selected brand exclusions may apply; and
  • A promotion code can't be used after an order has been placed.

Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.

We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.

We’ll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused.

If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.

From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, capacity of the recipient’s mailbox or any other factors outside of our control.

If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).

Postage & Delivery

We will deliver to your business or residential address and cannot accept responsibility for deliveries to Post Office boxes. Please allow 3 to 7 days for delivery of goods to a registered Australian address.

Please note that delivery times are based on ordered products being in stock, and are subject to Australia Post Parcel Conditions. We will endeavour to have the product dispatched within 1 business day of your order submission. However, during peak busy periods including during sales, special offers, Easter, Christmas and other public holidays orders may be sent few days later than usual.

Smoke & Vanilla retains title to the products you order until you have made payment in full for those products.

All purchases are subject to a delivery contract. Risk of loss of or damage to products passes to you upon our delivery of the products to the delivery contractor.

Returns & Exchanges

Smoke & Vanilla will accept returns of new, unused, unwashed products for a full refund or exchange from a purchaser on our Website within 14 days of the order date.

You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the goods or boxes. We are not responsible for any goods that are returned to us in error.

Sale products cannot be refunded or exchanged.

For further information, please see our Returns Policy on this Website.

Smoke & Vanilla cannot accept responsibility for any products purchased through a retailer. Please contact your retailer for their return policy.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Victoria. In the event that a dispute arises from these terms and conditions, you agree to submit to the non-exclusive jurisdiction of the Courts of the Australian State of Victoria, except in relation to application for any injunctive relief sought by Smoke & Vanilla.

This Website may be accessed in Australia and overseas. We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

DISCLAIMER

You agree that your access to, and use of, this Website is subject to these terms and all applicable laws, and is at your own risk. This Website and its contents are provided to you on “as is” basis, the Website may contain errors, faults and inaccuracies and may not be complete and current. Smoke & Vanilla does not make any representations or provide any warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose in relation to the operation of this Website or information, content, materials or products included on this Website, except as otherwise provided under applicable laws.

Smoke & Vanilla, its affiliates, directors, officers, employees, agents, contractors, or successors will not be liable for any damages whatsoever arising out of, or in any way related to, the use of this Website and any other Website linked to this Website.

You acknowledge, by your use of this Website, that your use of this Website is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website. Smoke & Vanilla shall not be liable for any damages of any kind related to your use of this Website.

Indemnity

You agree to indemnify, defend and hold harmless Smoke & Vanilla, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Website, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

Invalidity & Severance

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Waiver

If you breach any of these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. Any waiver of any provision of the terms and conditions will be effective only if in writing and signed by a Director of Smoke & Vanilla.

International Users Terms & Conditions

In addition and to the extent of any inconsistency with the terms and conditions specified above, the following terms and conditions also apply to international users of this Website.

GST

Australian GST tax rate applies to all orders delivered within Australia.

International orders are exempt from Australian GST; however they may incur taxes and duties applied by customs in the country where the order is delivered. Any such taxes and duties incurred are the responsibility of the customer. Furthermore, the issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.

To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable merchandise. We are also prohibited by law from marking the order as a ‘gift’, even if the order is placed with the intention of sending to a gift recipient.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with Australian law and you hereby submit to the exclusive jurisdiction of the Australian Courts.

International Delivery Services

Additional taxes, fees or levies may apply according to local legislation. Recipients of deliveries made outside the Australia may have to pay import duty or formal customs entry fees. Any customs or import duties are charged once the goods reach the destination country and these charges are your responsibility and must be paid by the recipient. Unfortunately we have no control over these charges and cannot tell you what the cost would be as customs policies and import duties vary from country to country.

In addition some countries have import restrictions on certain products or materials. You are responsible for determining whether there are any restrictions on delivery of our products to your selected destination. You can contact your local customs office for assistance regarding these matters.

Delivery may be delayed by local customs because of this but unfortunately this is out of our control.

To see a list of countries that we deliver to and the service(s) we provide please see our International Delivery page.

International Returns Policy

International returns can be made via your local postal service.

Simply repack your returns in the original packing or another suitable bag and seal it.

Please ensure that you post the product(s) within our 14 day approval period.

It is also vital to obtain a certificate of posting from your postal service as proof of your returned parcel.

Please do not send any payment with the returned product(s). Smoke & Vanilla do not cover the cost of postage for international returns except for the returns of faulty items (only the cost of a standard postal service will be refunded where applicable).

NOTE: If you are returning product(s) paid for on your credit or debit card, we will make a credit adjustment directly to your card account. Please remember that if you can’t produce a certificate of posting from your postal service then we will not be able to credit your account if the parcel goes missing.

International Purchases and Returns

Purchases from this Website may be made only in Australian Dollars ($ AUD).

 

If you return your goods to us using the postal service, refunds will be issued in the currency in which you originally paid for the purchase (i.e. $ AUD).

 

Banks and international credit/debit card issuers will determine exchange rates and may make additional charges, which you are liable to pay.

 

The prices shown on our website are inclusive of Australian Goods and Services Tax (GST). As international orders are exempt from Australian GST, this will be deducted while you place your order and enter your delivery destination.

 

Please note that all Smoke & Vanilla products are shipped from Australia. Any import duties and taxes payable, will be charged once the parcel has reached the destination country. These charges must be paid by therecipient of the parcel. If you have any questions related to customs charges, please contact your local customs office

Smoke & Vanilla cannot accept responsibility for any products purchased through a retailer. Please contact your retailer for their return policy.

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