PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE
YOU MUST BE EIGHTEEN (18) YEARS OF AGE TO VIEW OUR WEBSITE AND PURCHASE ANY OF OUR PRODUCTS. ALL AUSTRALIAN CUSTOMERS ARE REQUIRED TO PROVIDE THR LIMITED A VALID PRESCRIPTION FOR NICOTINE FROM A REGISTERED AUSTRALIAN MEDICAL PRACTITIONER BEFORE IMPORTING OUR PRODUCTS FOR PERSONAL USE IN AUSTRALIA.
We actively encourage people not to take up a nicotine habit. If you are not already a smoker or vaper then please do not purchase our products.
WARNING: Nicotine is a highly addictive substance. Not for sale to persons under the age of 18. Not recommended for young people, pregnant or nursing women, or non-smokers.
1. SITE TERMS
1.2. We reserve the right to revise these Terms from time to time at our discretion. Such revisions will be effective immediately upon publication on this Site. We recommend you review the terms for amendments each time you use the Site and before placing any Order. By continuing to use the Site after such publication, you agree to be bound by these Terms as revised. Any changes to these Terms will apply to any Order you place after the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party.
1.3. You must only use the Site in accordance with these Terms and any applicable law.
2. INFORMATION ON THE SITE
2.1. The Site and the content on the Site are subject to copyright, trademarks and other laws of New Zealand and other countries. You acknowledge and agree that the Site (including text, graphics, photographs, pictures, videos, logos, icons, sound recordings and software), including all associated intellectual property rights, are the exclusive property of THR LIMITED and/or its licensors or authorising third-parties. You must not:
(a) Adapt, reproduce, copy, store, distribute, publish or create derivative works from any part of the Site, or commercialise or on-sell any information obtained from the Site;
(b) Remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or displayed on the Site; or
(c) Commercialise any information or content obtained from any part of this Site, without our prior written consent.
2.2. Information about Products on the Site is based on material provided by third party merchants, suppliers and product manufacturers. Except as required by law (including the Consumer Guarantees Act 1993) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2.3. Due to photographic and screen limitations associated with the representation of Products, Products may differ in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
2.4. If you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using and leave the Site immediately.
3. PRIVACY AND DATA
4. THIRD PARTY SERVICES
4.1. The Site may contain advertisements for third parties and links to third-party websites or resources (together, referred to as “Third-Party Services”). Third-Party Services are subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of Third-Party Services, or the content, products, or services available from Third-Party Services. The inclusion of Third Party Services on the Site does not constitute our endorsement, approval or recommendation of the owners or operators of those Third Party Services or of any information, graphics, materials, products or services referred to or contained on those Third Party Services.
5. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES
5.1. You agree by registering on this Site that you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you.
6. CREATING A SITE ACCOUNT
6.1. You must be at least 18 years of age to use this website, order from this website and/or register an account on the Site.
6.2. The Site must not be used by any persons, or for the purpose of purchasing a Product for any person, located outside of Australia.
6.3. If you are registering an account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses described in these Terms.
6.4. You must provide accurate, current and complete information during the registration process and keep your account and contact information up-to-date at all times.
6.5. You may not register more than one (1) Site account unless we provide express written permission for you to do so.
6.6. You or we may terminate your account at any time, for any reason. If your account is terminated, then you must stop using the Site, although certain parts of these Terms will continue to apply after termination, including clauses 2.1, 7, 14.1, 16 and 20. If we suspend or terminate your account, then you must not attempt to circumvent this by creating or operating another account.
7. YOUR RESPONSIBILITIES
7.1. You are responsible for maintaining the confidentiality and security of your account credentials and must not disclose your credentials to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your account. You are liable for any and all activities conducted through your account.
7.2. You must:
(a) Advise us promptly if any of your information changes from that previously supplied;
(b) Use the Site for lawful purposes only; and
(c) Not interfere with, disrupt or access any part of the Site for which you have not been authorised by us in writing.
PRODUCTS, SHIPPING, DELIVERY AND RETURNS
8. PRODUCT AVAILABILITY
8.1. All Products are sold subject to their availability, and may be limited as to quantity. We are not responsible for our inability to supply Products to you where they are not presently available, or where our stock of the relevant Product(s) has been exhausted.
8.2. In the event that we are unable to supply Products in the quantities specified in your Order, you may elect to cancel or vary your Order with us.
9.1. Prices shown on the Site are in Australian and/or New Zealand dollars and include GST where applicable. We may vary any prices on the Site, at any time.
9.2. Unless otherwise stated, any accessories shown in any image of Products are not included in the price.
9.3. Product prices are quoted exclusive of transit costs. Any courier or handling charges in relation to your Order will be notified to you at the time you place your Order and will be added to the price.
9.4. In the event that computer error results in a material misstatement of the price of your Order we may, prior to your receipt of the Order or at any time thereafter, require that you pay us the difference between the amount actually paid by you in respect of your Order and the correct amount payable.
9.5. In the event that we become aware of any misstatement prior to delivery, we will make reasonable endeavours to contact you and advise you accordingly. You may elect to cancel your Order in that circumstance.
10.1. When you place an Order on the Site, you will be directed to Windcave’s website to complete the online payment for the Order. Payments will be subject to Windcave’s terms and conditions, which are available on Windcave’s website. You must pay for the Order in full at the time that you complete the Order. Windcave’s Secure Payments allows you to pay with your debit or credit card if you don’t have a Windcave’s account.
11.1. When you place an Order, you will receive an Order Confirmation from us. This Order Confirmation will only be an acknowledgement of the Order placed, and will not constitute acceptance of your Order. A contract between us for the purchase of the Products will not be formed until you receive a Shipment Confirmation from us. We are not obliged to supply the Products to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(a) Unavailability of stock; or
(b) We suspect that you might on sell or supply the Products to other persons.
11.2. Until the time when we accept your Order, we reserve the right to refuse to process your Order, and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you.
12.1. We will endeavour to deliver your Order to the address you nominate in your Order promptly. We will provide an estimate of delivery in the Shipment Confirmation. This is an estimate only, and not a commitment that the Order will be delivered on that day.
12.2. Our Products are sourced internationally. Whilst we will endeavour to provide the Products to you promptly, Products may not be available for immediate delivery. Any estimated delivery time set out on the Site is an estimate only, and we shall not be liable (and Orders cannot be cancelled) due to delivery delays.
12.3. The delivery address specified in the Order must be an address within Australia and must not be a freight forwarding location.
12.4. You must inform us (at the time you place your Order via the Site) of any difficulties that may be involved in the delivery (such as remote rural locations, restricted access). If you do not state the situation correctly and on arrival the delivery service provider deems it to be a difficult location or a rural location you will be liable for any extra charges including redelivery fees.
13. FAULTY PRODUCT RETURNS
13.1. We aim to provide you with high quality Products. If you have received a Product with a defect, please contact us at firstname.lastname@example.org no later than seven (7) days of delivery (time being of the essence) to notify us of the alleged defect so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment. If you fail to comply with the requirements of this clause, the Products shall be deemed to be free from any defect.
13.2. If the Product is confirmed (by us) to have a defect, we will (at our sole discretion) either:
(a) Replace the Product; or
(b) Refund the Price of the Product to your original payment method at your request. If the Product is found not to have a defect, we will ship the Product back to you.
13.3. It does not constitute a defect, if in our reasonable opinion, the Product has become damaged or defective due to misuse, failure to use in accordance with manufacturers’ instructions, use in an abnormal way or failure to take reasonable care.
13.4. Products cannot be returned to us because you have changed your mind about the Products purchased unless otherwise stated in warranty programs we may offer from time to time.
14. WARRANTIES AND RETURNS
14.1. We warrant that we will provide the Product(s) in accordance with these Terms and (if applicable) the Consumer Guarantees Act 1993. To the fullest extent permitted by law, we disclaim all other warranties or conditions (expressed or implied) including without limitation, any implied warranties of merchantability, characteristics, performance, content, quality or fitness for a particular purpose with regard to the Site or the Products.
15. IMPORTANT INFORMATION
15.1. You expressly understand and agree that your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis.
15.2. We accept no responsibility for your inability to access or use the Site. We will use our reasonable efforts to keep the Site free from viruses and errors. However, we do not accept liability for any damage or loss caused to your computer hardware, software, internet connections or other peripherals as a result of the use of the Site.
15.3. You acknowledge and agree that:
(a) The communications to/from the Site are not secure and may be subject to interception or loss of data.
(b) We do not guarantee or warrant that your existing equipment, hardware or software is compatible with the Site.
15.4. You agree to release, indemnify and keep THR LIMITED , its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees indemnified from and against all actions, claims, costs (including legal costs and expenses on a solicitor and client basis) losses, proceedings, damages, liabilities, or demands suffered or incurred to any person arising out of or in connection with:
(a) Your failure to comply with these Terms;
(b) Recovery of any amounts owed by you in relation to or arising from the Site or Product Orders; or
(c) Your use of the Site.
16. EXCLUSION AND LIMITATION OF LIABILITY
16.1. Except as specifically stated in these Terms or otherwise required by law, THR LIMITED shall in no circumstance be liable (whether at common law (including negligence), equity, statute or otherwise) for any damage, costs, expenses, claims, liability, loss or injury caused by your use of the Site or the Products, or from a consequence of any act, default or negligence on the part of THR, its employees, agents or contractors.
16.2. Without limiting clause 16.1 above, THR LIMITED shall in no circumstance be liable for:
(a) Any loss or damage arising by reason of any delay in delivery or termination of an Order, or provision of the Products;
(b) Any loss or damage of any kind (including, without limitation, loss of profits, loss of business, loss of goodwill, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of or resulting from:
(i) The Products; or
(ii) Your use of or inability to use the Products.
16.3. THR LIMITED 's maximum aggregate liability to you for any and all costs, loss or damage suffered by you, however caused (including negligence), arising out of or relating to any Products, or arising from or relating to the Site, shall not exceed the price paid by you for the Products.
17. COMPLIANCE WITH LAWS
17.1. The information contained on the Site has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or Products are appropriate or available for use in other countries.
18. FORCE MAJEURE
18.1. We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the internet, electricity supply, payment systems, any telecommunications or computer system, lightning, fire, flood, severe weather conditions, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, act or omissions of Product manufacturers, compliance with any law, accident (or by any damage caused by any of such events).
19. GOVERNING LAW
19.1. The laws of New Zealand (excluding sections 202 – 206 of the Contract and Commercial Law Act 2017) apply to these Terms, Orders and your use of the Site. You irrevocably submit to the exclusive jurisdiction of the New Zealand Courts.
20.1. If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remainder of these Terms shall remain otherwise in full force and effect apart from such provision.
20.2. Failure by you to insist upon strict performance of any of the Terms or to exercise any of its rights shall not be or be deemed to be a waiver of any subsequent breach of any term or condition or right.
20.3. These Terms supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitute the entire agreement, between you and us and govern your use of the Site.
21.1. In these Terms, unless the context requires otherwise:
Business Day means a day on which banks are open for general banking business in Auckland, excluding Saturdays and Sundays. A Business Day shall be deemed to commence at 9.00am and to terminate at 5.00pm.
Order means an order for Products made on the Site.
Order Confirmation means the email confirmation provided once an Order has been paid.
Products means the products available for sale on the Site at any given time.
Shipment Confirmation means a shipment confirmation email setting out the details for the Products in your Order, and confirming that a contract between you and us for the Products set out in the Order is in place.
Site means our website www.libertyflights.co.nz and all related systems, files, materials, features, components and programs.
we, us, our, THR Ltd means THR LIMITED.
you, your or yours means the person using the Site and his, her or its agents, successors and permitted assigns.
22. GENERAL RULES OF INTERPRETATION
(a) Singular words include the plural and vice versa, and where a word or phrase is defined, its other grammatical forms have a corresponding meaning.
(b) Any reference to legislation, statute, regulation, ruling, code, rules or ordinance includes reference to any modification, substitute for, consolidation or re-enactment of it and any regulation, order in council or other instrument from time to time made or issued under such legislation, statute, regulation, ruling, code, rules or ordinance.
(c) Headings are for convenience only and do not affect the interpretation of these Terms except for use as cross-references.
(d) Any covenant not to do anything shall also constitute an obligation not to suffer, permit, cause or assist any other person to do that thing.
(e) References to a “person” means and includes any natural person, company, corporation, firm, partnership, joint venture, society, organisation or other group or association of persons (whether incorporated or not), trust, state or agency of state, statutory or regulatory body, local authority, government or governmental or semi-governmental body or agency (in each case whether or not having separate legal personality).