Terms of service

TERMS AND CONDITIONS

These Terms and Conditions apply to the use of www.infused.net.nz and purchases made through the website.

The website is operated by Infused Vape Shop Limited, trading as Infused (“Infused”, “we”, “us” or “our”), located at 1/203 Thames Street, Oamaru, New Zealand.

By using our website or placing an order, you agree to these Terms and Conditions together with our Shipping Policy, Privacy Policy and any other policies referred to on the website.

1. R18 PRODUCTS AND AGE RESTRICTION

Infused sells regulated vaping products. You must be 18 years of age or older to purchase regulated products from us.

By placing an order containing a regulated product, you represent that you are at least 18 years old and that any person receiving the regulated product will also be at least 18 years old.

A statement or declaration that you are aged 18 or over does not, by itself, complete our age-verification process.

All orders containing regulated products are conditional upon successful age verification in accordance with our age-verification and delivery procedures.

We reserve the right to refuse, cancel or refund an order where we cannot reasonably satisfy our age-verification requirements.

2. PLACING AN ORDER AND WHEN AN ORDER IS ACCEPTED

Submitting an order through our website constitutes an offer to purchase the products shown in that order.

An automated order confirmation, payment confirmation, invoice or dispatch notification acknowledges that we have received or are processing your order. It does not remove or waive any age-verification condition applying to regulated products.

For orders containing regulated products, any agreement to sell remains conditional upon successful completion of the applicable R18 age-verification requirements.

Payment being processed or charged does not, by itself, mean that the age-verification condition has been satisfied or that a regulated product has been finally supplied or sold to the customer.

If an order cannot proceed because the applicable age-verification requirements are not satisfied, we may cancel the order and refund the amount paid in accordance with these Terms and our Shipping Policy.

3. OWNERSHIP OF REGULATED PRODUCTS

For regulated products, ownership and title do not pass to the purchaser merely because an online order has been submitted or payment has been processed.

Any agreement to sell a regulated product remains conditional on successful age verification.

For a delivered order, title to the regulated products passes only when the applicable R18 age-verification requirements have been successfully completed and the products are released to an eligible recipient aged 18 or over.

For an order collected from our premises, title to regulated products passes only after the applicable age-verification requirements have been successfully completed and the products are released to the eligible customer.

Nothing in this section limits any obligation imposed on Infused by New Zealand law.

4. R18 DELIVERY

Orders containing regulated vaping products are sent using an age-restricted delivery process.

Where we use NZ Post Age Restricted (R18) Delivery, the recipient must satisfy NZ Post's applicable R18 delivery requirements before the parcel can be released.

Regulated products must not be delivered to a person under the age of 18.

Authority to Leave is not available for regulated-product orders where age-restricted delivery is required.

Further details are set out in our Shipping Policy.

5. COLLECTION ORDERS

Where collection is available, regulated products will only be released to a person aged 18 or over who satisfies our applicable age-verification requirements.

We may require acceptable evidence of age before releasing a regulated product.

If age verification cannot be satisfactorily completed, we will not release the regulated products and may cancel and refund the order.

6. ORDER INFORMATION

You must provide accurate and complete information when placing an order, including your name, contact information and delivery details.

You must not provide false information or use another person's identity for the purpose of circumventing an age restriction or other legal requirement.

We may contact you to clarify information associated with an order.

We may refuse or cancel an order where we reasonably believe information is false, incomplete, fraudulent, unlawful, or has been provided in an attempt to circumvent our R18 requirements.

7. AVAILABILITY AND ORDER CANCELLATION

All products are subject to availability.

We may cancel or adjust an order where, for example, a product is unavailable, incorrectly priced, incorrectly described, subject to a regulatory restriction or recall, or where we have reasonable concerns regarding fraud, age eligibility or legality.

If we cancel an item after payment has been received, we will refund the amount paid for the cancelled item.

We may also reasonably limit quantities where necessary.

8. PRICES AND PAYMENT

Prices displayed on our website are in New Zealand dollars and include GST where applicable unless stated otherwise.

Delivery costs, where applicable, are shown separately during checkout.

We may correct genuine pricing, description or technical errors. If an error affects an order that has already been submitted, we will contact you or cancel and refund the affected item rather than requiring you to proceed at a different price.

Payment is processed using the payment methods made available through our website.

9. PRODUCTS AND PRODUCT INFORMATION

We take reasonable care to ensure product descriptions, specifications, photographs and prices are accurate.

Colours, packaging, branding and minor product details may differ from website images due to manufacturer changes, screen settings or updated packaging.

Nothing on our website should be treated as medical advice.

Products must only be used for their lawful intended purpose and in accordance with manufacturer instructions.

10. RETURNS, FAULTS AND CONSUMER RIGHTS

Nothing in these Terms excludes, restricts or modifies any rights or remedies you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other New Zealand law that cannot lawfully be excluded.

If goods are faulty, unsafe, not of acceptable quality, not fit for their intended purpose or otherwise fail to meet applicable consumer guarantees, you may be entitled to a repair, replacement, refund or another remedy depending on the circumstances.

Manufacturer warranties are additional to, and do not replace, your rights under New Zealand consumer law.

Change-of-mind returns are dealt with under our Shipping and Returns Policy.

11. WEBSITE USE

You must not use our website for an unlawful purpose, attempt to circumvent its security or age controls, interfere with its operation, introduce malicious software, scrape or misuse information from the website, or use the website in a manner that infringes the rights of another person.

We may restrict access to the website where reasonably necessary to protect our business, customers or legal obligations.

12. ACCOUNTS

If you create a customer account, you are responsible for keeping your login credentials secure.

You must provide accurate information and must not allow an account to be used to circumvent age restrictions.

We may suspend or close an account where we reasonably believe it is being used fraudulently, unlawfully or to circumvent R18 requirements.

13. INTELLECTUAL PROPERTY

Unless otherwise stated, the content of this website, including text, graphics, logos, photographs and website content created by Infused, belongs to Infused or is used with permission.

You may use the website for personal shopping and information purposes but may not reproduce or commercially exploit our content without permission.

14. THIRD-PARTY SERVICES

Our website is hosted using Shopify and may use third-party payment, delivery and technology providers.

Those services may be subject to their own terms and privacy practices.

We are not responsible for third-party websites that are linked from our website and which we do not control.

15. DELIVERY DELAYS AND EVENTS OUTSIDE OUR CONTROL

Delivery estimates are estimates rather than guarantees unless we expressly state otherwise.

We are not responsible for delays caused by circumstances reasonably outside our control, although this does not affect any rights you may have under New Zealand consumer law.

16. LIMITATION OF LIABILITY

Nothing in these Terms attempts to exclude or limit liability where doing so would be unlawful.

To the extent permitted by law, Infused is not responsible for losses caused by misuse of a product, failure to follow manufacturer instructions, unlawful use, inaccurate information supplied by the customer, or events reasonably outside our control.

This section is subject at all times to your rights under applicable New Zealand consumer law.

17. PERSONAL INFORMATION

Personal information supplied through our website is handled in accordance with our Privacy Policy and applicable New Zealand privacy law.

Information may also be provided to service providers where reasonably necessary to process payment, fulfil an order, perform delivery, undertake age-restricted delivery or otherwise provide our services.

18. CHANGES TO THESE TERMS

We may update these Terms from time to time.

The Terms applying to an order will generally be those published on the website when that order is placed, subject to any legal or regulatory requirement that applies regardless of these Terms.

19. SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be modified or severed only to the extent necessary, without affecting the remaining provisions.

20. NEW ZEALAND LAW

These Terms are governed by the laws of New Zealand.

Nothing in these Terms overrides any mandatory requirement of New Zealand law.

21. CONTACT

Questions regarding these Terms can be sent to:

Infused Vape Shop Limited – Infused
1/203 Thames Street
Oamaru, New Zealand
Email: infusedoamaru@gmail.com
Phone: (03) 434 0334