Terms & Conditions
The legally binding agreement between you and AusVapeHero governing your use of this website and any purchase you make.
1. Eligibility
You represent and warrant that you are at least 18 years of age, are a current or former smoker or vaper seeking harm-reduction alternatives, and are legally able to enter into binding contracts. We reserve the absolute right to refuse service, cancel orders or close accounts at our sole discretion without reason.
2. Nature of Products
Products sold on the Site are intended for use by existing adult smokers or vapers as a harm-reduction alternative. Products are not therapeutic goods, are not marketed as smoking-cessation devices, and have not been evaluated for the diagnosis, treatment, cure or prevention of any condition. You assume full responsibility for your decision to purchase and use any product.
3. Orders & Acceptance
All orders are an offer to purchase, which we may accept or reject in our sole discretion. A contract is only formed when we dispatch the goods. We reserve the right to:
- Limit quantities per customer, per household or per transaction.
- Correct pricing, description or stock errors at any time, including after an order is placed.
- Cancel any order (including paid orders) and refund the purchase price as our sole liability.
- Decline orders we suspect to be fraudulent, in breach of these Terms, or for resale.
4. Pricing & Payment
All prices are in Australian Dollars (AUD) and may change without notice. You are responsible for all applicable taxes and duties. Payment must be received in full before dispatch. We are not liable for any bank, card or processor fees incurred on your end.
5. Shipping, Risk & Title
Estimated delivery times are indicative only and not guaranteed. Risk in the goods passes to you upon dispatch from our warehouse. Title passes once payment has cleared in full. We are not liable for carrier delays, lost-in-transit incidents beyond carrier compensation, incorrect addresses you provide, or refused/unclaimed deliveries.
6. Returns & Refunds
For hygiene, safety and regulatory reasons, opened e-liquids, opened pods, opened disposables and used hardware are not eligible for return or refund. Faulty hardware may be assessed under our warranty process described on the Shipping & Returns page. Refunds, where granted, are issued at our discretion to the original payment method and may exclude shipping fees. Change-of-mind returns are not accepted.
7. Promotions & Discounts
Promotional codes, bundle deals and loyalty rewards are issued at our discretion, are non-transferable, hold no cash value, and may be withdrawn, modified or revoked at any time without notice. Suspected abuse will result in cancellation of orders and accounts.
8. Use of the Site
You must not: (a) use the Site for any unlawful purpose; (b) attempt to gain unauthorised access to any part of the Site or our systems; (c) interfere with the Site’s operation; (d) scrape, copy or republish content; (e) misrepresent your identity, age or eligibility; or (f) resell our products without our prior written consent. Breach may result in termination, civil action and/or referral to law enforcement.
9. Intellectual Property
All content on the Site — including text, graphics, logos, photography, layout, code and trademarks — is owned by or licensed to AusVapeHero and is protected by Australian and international intellectual property laws. You are granted a limited, revocable, non-exclusive licence to view the Site for personal, non-commercial use only. Any other use requires our prior written consent.
10. Disclaimer of Warranties
To the maximum extent permitted by law, the Site and all products are provided “as is” and “as available”. We expressly disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, reliability, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.
11. Limitation of Liability
To the maximum extent permitted by law, AusVapeHero, its directors, employees, suppliers and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, data, goodwill or other intangible losses, arising from or in connection with your use of the Site or any product, even if advised of the possibility of such damages. Our total aggregate liability for any claim shall not exceed the amount paid by you for the specific product giving rise to the claim.
12. Assumption of Risk & Indemnity
You acknowledge that the inhalation of any vapour carries inherent risks, and you voluntarily assume all such risks. You agree to indemnify, defend and hold harmless AusVapeHero from and against any and all claims, liabilities, damages, losses, costs and expenses (including legal fees on a solicitor-and-own-client basis) arising from your breach of these Terms, your misuse of any product, or your violation of any law or third-party right.
13. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, pandemics, government action, regulatory change, supply-chain disruption, carrier failure, cyber-attack, fire, flood or industrial action.
14. Termination
We may suspend or terminate your access to the Site at any time, for any reason, without notice or liability. Provisions which by their nature should survive termination (including limitation of liability, indemnity, intellectual property, and governing law) shall so survive.
15. Changes to These Terms
We may update these Terms at any time at our sole discretion. The revised version will be posted on the Site and is effective immediately upon posting. Your continued use of the Site constitutes acceptance of the revised Terms.
16. Governing Law & Jurisdiction
These Terms are governed by the laws of the State in which AusVapeHero is registered and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of that State and the Federal Court of Australia in respect of any dispute. You waive any objection based on forum non conveniens.
17. Severability & Entire Agreement
If any provision of these Terms is held invalid or unenforceable, the remainder shall continue in full force. These Terms, together with our Privacy Policy and Shipping & Returns Policy, constitute the entire agreement between you and AusVapeHero and supersede all prior representations.
18. Contact
AusVapeHero — Legal
Email: sales@ausvapehero.com