Terms & Conditions of Sale

Last updated
October 2024

1. About our Terms and Conditions of Sale
1. Our terms and conditions of sale, together with all information and documents referred to within them (collectively our Terms and Conditions of Sale), governs:
1. all the sale of products (Products) to you via BAT (New Zealand) Limited’s (BATNZ, we, our, or us) website including batnz.com; vuse.co.nz; vusionry.co.nz as well as any applicable redirected website (collectively our Website);
2. how BATNZ dispatches and delivers any Products that you order;
3. how and when BATNZ will either refund or exchange Products under our BATNZ satisfaction guarantee; and
4. how, and when BATNZ will provide you with a refund where applicable.
2. By placing an order for a Product through our Website (an Order), you agree to and accept these Terms and Conditions of Sale (as well as our Privacy Policy and Website Terms).
3. You should review these Terms and Conditions of Sale each time you use our Website and before placing any Order. We may amend these Terms and Conditions of Sale from time to time by publishing updated Terms and Conditions of Sale on our Website. These changes will apply to any Orders placed on or after the date on which the changes to the Terms and Conditions of Sale are published. Your continued use of the Website following any such changes constitutes acceptance of these Terms and Conditions of Sale.
4. If you create an account on our Website (an Account) or place an Order, your Account and your purchases will also be governed by our Website Terms.
2. Contact Us
1. If you have any questions about our Products or anything set out in these Terms and Conditions of Sale, you can contact us by:
1. writing to us at: BAT (New Zealand) Limited, P.O. Box 2618, Auckland 1010, New Zealand
   (b) emailing us at: [email protected] 
   (c) calling us on: 0800 897 369 (if you are calling from within New Zealand)
3. Our Products are for domestic and/or private use only
1. We only supply our Products for personal adult-use only. Any use of our Products purchased via the Website for commercial, business, or resale purposes (including retailers and wholesalers) is strictly prohibited.
2. You agree that sections 9, 12A, 13 and 14(1) of New Zealand’s Fair Trading Act 1986 are contracted out of where you are in trade and the Products are acquired by you in trade.
4. Descriptions and depictions of our Products on our Website
1. The descriptions of our Products on our Website are updated from time to time. You should ensure that you have read the current Product description before placing an Order.
2. The depictions of our Products on our Website, including any packaging, are for illustrative purposes only and should not be relied on when purchasing Products. Variations may occur between the packaging of a Product delivered in an Order and the depiction of that Product on our Website.
3. All Products depicted on our Website are subject to availability.
5. Prices of our Products on our Website
1. The price of any Product on our Website:
1. is in New Zealand dollars;
2. includes goods and services tax (GST) in accordance with the Goods and Services Tax Act 1985;
3. is as published on the date that we accept your Order;
4. is subject to change, without notice, at any time.
2. It is possible that, despite our reasonable efforts, a Product on our Website may be incorrectly priced. If we discover an error in the price of a Product that you have ordered we will inform you of this error and give you the option to continue with your Order at the correct price or to cancel your Order. If you do not respond to us within seven (7) days, we will treat the Order as cancelled, notify you in writing and refund any payment you have made to the debit card or credit card (based on the method that you used to pay)
6. Account Creation
1. To create an Account on our Website and/or place an Order, you must:
1. follow the instructions on our Website, as updated from time to time;
2. be aged 18 years or over, which we will verify;
3. provide us with your correct name, which we will verify;
4. provide us with a valid email address, which will be used to identify you when you access your Account;
5.  provide us with a valid postal address, which must also meet the terms and conditions set out in these Terms and Conditions of Sale;
6. if you are creating an Account, set up a password so that you can access your Account noting that:
1. you are entirely responsible for maintaining the confidentiality of your password;
2. you will be responsible for any damage or losses caused by unauthorised access to your Account resulting from your failure to keep your password secure; and
3. you are encouraged to use a “strong” password (including a combination of numbers and letters);
7. be the holder of a valid debit card or credit card ;
8. confirm to us that all the information that you provide to us is true, accurate, complete and not misleading (and that you will notify us immediately if any part of this information changes).
2. Only one Account may be created per person and you are strictly prohibited from allowing anyone else to access your Account or use your Account to purchase Products.
3. We may, in our sole and absolute discretion, determine whether or not to accept your application to create an Account.
7. Orders
1. Your Order will be submitted to us when you click on the “PAY NOW” button, and doing so:
1. represents your offer to purchase a Product from us;
2. means that you authorise us to request authorisation for payment from (and immediately charge) your debit card or credit card for the purchase price of the Product(s) along with any applicable delivery charges;
3. means that we are entitled to rely on your submission of an Order as your instruction to us to charge your debit card or credit card;
4. represents a contract between us (as each time we accept an Order from you, a separate contract is made between us).
2. We reserve the right to not accept your Order or to cancel your Order after it has been submitted. If we do so, we will let you know as soon as possible and will not charge you. For example (and without limitation), we may not accept your Order, or cancel your Order, if:
1. a Product is out of stock;
2. unexpected limits on our resources arise which we could not reasonably plan for;
3. we identify an error in the price or description of the Product;
4. we identify an error in the processing of your Order;
5. we are unable to deliver the Product within a reasonable timeframe; or
6. we fail to receive authorisation for your payment;
7. we reasonably believe that your payment will be refused;
8. we believe, solely in our own judgement, that:
1. you do not satisfy the eligibility criteria set out in clause 6.1 or clause 6.2 (if applicable);
2. your Order has been placed for commercial purposes or resale; or
3. your Order has been placed fraudulently, such as through the improper use of promotional codes.
3. Your Order will be sent to the postal address you provided when you created your Account (or the most recent postal address you have provided to us). We accept no responsibility for Orders you do not receive because you have provided us with an incomplete or incorrect postal address.
4. We do not issue GST tax invoices for Products ordered from our Website. We do, however, send you an email confirmation of what you have ordered. If you need a GST tax invoice, please contact us.
8. Deliveries
1. Deliveries are limited to deliveries of Products within New Zealand and are made by tracked standard courier deliveries.  We aim to:
1. dispatch your Product(s) on the same day that we accept your Order; and
2. deliver tracked standard courier orders within one (1) to three (3) working days of dispatch (provided your Order is placed before 4 pm Monday to Friday)
2. Our dispatch and delivery times are estimates only and are not guaranteed times. We are not responsible for dispatch or delivery delays that are outside of our control. Please contact us if you: 
1. have not received your tracked standard courier order within five (5) working days of the date we sent you an email confirming that we have dispatched your order; or
2. you have not heard from us to explain the delay.
3. Delivery charges will be:
1. indicated to you at the time you order;
2. added to the purchase price before you confirm your Order; and
3. payable by you at the same time as the purchase price.
4. We are able to deliver to all addresses in New Zealand, excluding P.O. Box addresses. As we are delivering an age-restricted product, our courier will require a signature and ID from an adult (18+) on delivery.
9. Cancelling or suspending your Account
1. We may temporarily suspend, or cancel, your Account at any time and for any reason without notice. Without limiting the generality of the foregoing, we will cancel your Account (or Accounts) if:
1. any of the information you have provided us is untrue, inaccurate, incomplete or misleading; or
2. you create more than one Account; or
3. you allow anyone to access your Account or use your Account to purchase Products; or
4. we suspect that you are abusing promotional codes or engaging in any other fraudulent or deceptive behaviour.
2. You may temporarily suspend, or cancel, your Account at any time and for any reason by contacting us. It will be your responsibility to provide us with proof that you are the account holder.
3. You agree to notify us immediately in the event of any unauthorised use, or suspected unauthorised use of your password or Account.
10. Satisfaction Guarantee
1. In the event you are not satisfied with Vuse products, we agree to either refund you the purchase price, or provide you with an exchange.
2. Our Satisfaction Guarantee: 
1. only applies to Vuse devices and Vuse e Liquid pods; 
2. can only be claimed once by an individual for Vuse devices; or 
3. can only be claimed once by an individual for each flavour and strength of Vuse e Liquid pods; and 
4.  is in addition to, and does not limit, any additional rights you may have under consumer law, including the Consumer Guarantees Act 1993. 
3. To be eligible under our Satisfaction Guarantee:
1.  your Vuse device or Vuse e Liquid pods must have been purchased in New Zealand; 
2. you must have tried that Vuse device or Vuse e Liquid for fourteen (14) days and decided that you are not 100% satisfied with that Vuse device or Vuse e Liquid. 
4. Our Satisfaction Guarantee does not apply to: 
1. any other Vuse products other than devices or pods that may be released from time to time; and 
2. commercial customers or businesses, including retailers and wholesalers. 
5. We may require additional information from you under this Satisfaction Guarantee in order to assess eligibility.  You may be asked to provide proof of purchase, or for the products in question to be returned.
11. Refunds and replacements
1. Our refund policy covers damaged or defective Products and delivery of the wrong Product and means that we will refund you the purchase price of applicable product or replace that product. Our refund policy is in addition to, and does not limit, any additional rights you may have under New Zealand consumer law, including the Consumer Guarantees Act 1993.
2. To be covered by our refund policy: 
1. your Vuse products must have been purchased in New Zealand or from our Website;
2. your Vuse product(s) must have been damaged or defective; or
3. you must have received the wrong Vuse product(s).
3. Our Refund Policy does not apply to commercial customers or businesses, including retailers and wholesalers.
4. Please contact us if you receive a damaged or defective Vuse product or the wrong Vuse product and would like to make a claim under our refund policy. When you contact us, you will need to give us:
1. a description of the issue;
2. details on when and where you purchased your damaged or defective Vuse product; and
3. any other information we may reasonably require.
5. Once we get this information, we:
1. may ask you to return the Vuse product to us in its original packaging (we will let you know how to do this free of charge); and
2. reserve the right to inspect the Vuse product to determine whether we consider our refund policy applies.
6. Once we have received and assessed your Vuse product, if we agree that the Vuse product you have received is covered by our refund policy, we will either replace the Vuse product or provide you with a refund. As we are delivering an age-restricted product, if we replace your Vuse product we will require an ID from you as evidence you are an adult (18+). 
12. How do we use your personal information?
1. Please ensure that you have read our Privacy Policy. By providing your personal information to us you are consenting to its use in accordance with these Terms and Conditions of Sale, our Website Terms, and our Privacy Policy. Any personal information that you provide to us through our Website, or authorise us to collect, will only be used in accordance with these Terms and Conditions of Sale, our Website Terms, and our Privacy Policy.
13. Our limitation of liability
1. Subject to clauses 13.2 and 13.3, if we fail to comply with these Terms and Conditions of Sale our liability to you for all claims (whether in contract, tort (including negligence), breach of any statutory duty, or otherwise, even if foreseeable) is limited to, to the full extent permitted at law:
1. to the value of the Products supplied by us and associated with your claim; or
2. the damage or loss you actually incur or suffer (whichever is less).
   This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors for fraud; fraudulent misrepresentation; or a breach of your legal rights concerning our Products.
2. We will not be liable in any way for:
1. loss, damage, or expense that you incur arising directly or indirectly from any failure or delay in performing any of our obligations under these Terms and Conditions of Sale caused by any circumstances beyond our control, which include but are not limited to vandalism, accident, break down or damage to machinery or equipment, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving our employees) or shortage of materials or fuel at the market rates existing when an Order is accepted, legislative or administrative interference; 
2. any indirect, consequential, or economic loss, cost, or damage or loss of profits, loss of revenue, loss of goodwill, or loss of anticipated savings incurred by you in connection with any act or omission of ours or in relation to any error, omission or representation in any information provided to you; or
3. such use, including for any loss of profit, loss of business, business interruption, or loss of business opportunity from the use of our Products for commercial, business, resale purposes, or anything other than domestic and/or private use only.
3. Nothing in these Terms and Conditions of Sale excludes or limits in any way our liability to you where it would be unlawful to do so. This includes:
1. (your legal rights in New Zealand under, for example, the Consumer Guarantees Act 1993;
2. our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees; or
3. for any other liability that cannot be limited or excluded by law.
14. General Terms
1. You must comply with:
1. any additional terms and conditions, or instructions from us, brought to your attention on our Website or correspondence from us; and
2. all applicable New Zealand laws and regulations relating to your use of our Website, including your purchase, use and disposal of the Products.
2. You agree and acknowledge that these Terms and Conditions of Sale are intended to create legally binding obligations on you in accordance with its terms. Those obligations, and the contract it creates, is between you and us. 
3. If any part, or parts, of these Terms and Conditions of Sale are, or become, invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions of Sale shall not in any way be affected or impaired.
4. No failure or delay in exercising any right, power or privilege under these Terms and Conditions of Sale will operate as a waiver of such right, power or privilege, nor will any single or partial exercise of such right, power or privilege preclude any further exercise of such right, power or privilege under these Terms and Conditions of Sale or otherwise.
5. These Terms and Conditions of Sale are governed by, and interpreted in accordance with, New Zealand law. We both agree to submit to the exclusive jurisdiction of the courts of New Zealand.