Terms Of Service

Terms of Service

Definitions

In these conditions unless the context otherwise requires:

Acquire means assisting and/or acting in the capacity of agent for that Member only.

Club means: The Buyers Club

Price means the price of goods as agreed between the Member and the Club.

Member does not include a corporation, association, firm, company, partnership but means an individual person only, who must be over 18 years of age.

Membership form means a legal binding contract for the Club to act as an agent only for the Member to assist the Member to obtain the goods.

Personal use means the Member is purchasing the product for their own use in the ordinary use of the term.

Acceptance

If instruction is received by the Club from the Member by signing the membership form for the Club to act as an agent to help the Member to obtain products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Member, the terms and conditions are definitive and binding.

Terms and Conditions

1.1 These terms and conditions and any subsequent terms and conditions issued by the Club shall apply for the assistance of obtaining goods and the services provided on behalf of the Member after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of the Member.

1.2 The Member shall not conduct any fraudulent activity or have more than one Member Account at any time.

1.3 All Members personal information shall be kept confidential and remains securely within the Club for Club purposes only.

1.4 The Club acts in the capacity of agent for the Member only.

Price

2.1 The Price shall be as indicated to the Member provided by the Club to the Member in respect of products and/ or services obtained.

2.2 The Price shall be the Price of the Club’s current Price at the date of delivery of any goods or signing of the Membership Form.

2.3 Time for payment for the products and/or services shall be of the essence and will be made clear to that Member beforehand. If no time is stated then payment shall be due on delivery of any goods.

2.4 The Club reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.

Payment

3.1 The method of payment will be made by cash or by direct credit, or by any other method as agreed to between the Member and the Club.

3.2 Without prejudice to any other remedies the Club may have, if at any time the Member is in breach of any obligation (including those relating to payment), the Club may suspend or terminate the membership.

Dispute resolution

The Club will endeavour to resolve any dispute between the Member and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

Reservation of title

Ownership and title of the goods remains with the Club until the purchased price and all other monies owing by the member, under these terms are received by the club.

Liability

The Club shall not be liable for any loss of any kind whatsoever suffered by the Member, including any cancellation of the membership or any negligence on the part of the Club, its servants, agents or contractors, nor shall the Club be liable for any loss, damage or injury caused to the Member or other persons. The Member shall indemnify the Club against any claim by any such person.

Age of Consent

Goods may only be purchased by persons 18 years old and over. If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

Limitation of Liability

The Buyers Club shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Vapourium has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Buyers Club product is mistakenly listed at an incorrect price, The Buyers Club reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Buyers Club reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Buyers Club shall issue a credit to your credit card account in the amount of the incorrect price.

Indemnification

You agree to indemnify, defend, and hold harmless, The Buyers Club, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Rights of The Buyers Club

The Buyers Club reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Buyers Club shall make every effort to ensure prices are correct at the point at which the Buyer places an order. The Buyers Club reserves the right to withdraw any goods from the Website at any time. The Buyers Club shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

No Warranty on E Liquid

Due to the consumable nature of these products and the inability to reuse or resell once they have left our facility, returns or refunds are not allowed for any type of e-liquid ordered. We accept no returns for any liquids EVER, flavour and taste is very subjective, if unsure please purchase smaller sizes at first.  

Incorrect Orders

The Buyers Club is not responsible for orders that are placed incorrectly. We reserve the right to refuse returns or exchanges of products on orders that were filled and shipped correctly. If you have questions or are unsure regarding a product or it's function or compatibility please contact us before placing your order. We are more than willing to provide further product description, clear up any confusion, or provide advice about the products we sell. If you received an incorrect item in your order, provide a photo of the incorrect item you received and e-mail it to club@eliquids.nz. Once we review the proof, we will contact you and send you the correct item. If necessary, we will provide a return label with the new package or we will e-mail you a return label. If you received another customer’s order by mistake, please contact us at club@eliquids.nz. We will contact the customer and provide a return label so we can send the order to the correct customer.

Damaged Upon Arrival

If you receive an item that has been damaged upon arrival (ex: broken bottle), please send a photo to club@eliquids.nz, so a Customer Service Representative may review the case and contact you with a resolution. We must have visual proof of the damage before we can offer a resolution.

Proof of purchase

All warranty/returns must be accompanied by the WEB Invoice No. to provide proof of purchase and for any direct support requested. Warranties are valid worldwide; International buyers accept all shipping costs in case of warranty issues. The Buyers Club is bound by the Consumers Guarantees & Fair Trading Acts.

What to do if you have a Warranty Claim?

If you suspect that you have a warranty claim, please contact us immediately via email at club@eliquids.nz . (You must contact us within the warranty period if you wish to file a warranty claim.)

In "Subject" of the message, please indicate "Warranty Issue".

In the "Body" of the message include the following:

Your full name (as purchased)

Your shipping address for sending replacement product

The date that you purchased the product (invoice number preferred)

Detailed explanation of the issue that you are experiencing

Your preferred method of contact (telephone/email)

A date/time and telephone number (if applicable) where we can reach you

Once we receive your information, we will contact you using a method you specified in your email. If after working with you it is determined that your product needs repair or replacement, you can send your item to us. We will inspect the product and contact you on the actions that will be taken.

Other Warranties

All other warranties and exchanges will be handled on a case by case basis and are subject to our determination. To the fullest extent permissible pursuant to applicable law, The Buyers Club, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Buyers Club  does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Buyers Club  does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. 


PRIVACY STATEMENT

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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.


SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.


How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at store@vapourium.nz or mailing us at: The Buyers Club 24a London St, Dunedin City, Dunedin, S, 9016, New Zealand


SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.


SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.


Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.


SECTION 5 - THIRD-PARTY SERVICES


In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.


Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.


SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.


COOKIES

Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

_secure_session_id, unique token, sessional

storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.



SECTION 7 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


SECTION 8 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.


QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at store@vapourium.nz or by mail at The Buyers Club

[Re: Privacy Compliance Officer]

[24a London St, Dunedin City, Dunedin, S, 9016, New Zealand]

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