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Terms and Conditions

  1. The Company referred to in these Terms and Conditions is incorporated in New Zealand.

  2. In order to contract with The Company you must be over 18 years of age and must consent you have read, understood and agree to all of the laid out Terms and Conditions in order to access this site, and/or purchase products

    Customer Service / Company policy
    Customer Service 24/7 message system.
    Toll Free number 1800 241 939, 0800 10 10 44
    Business hours are Monday to Friday 9.00 am to 4.00 pm (NZST)

    Physical Address:
    Elusion-Hydro Australasia Limited
    195A Wairau Road
    Glenfield
    Auckland 0627
    New Zealand

  3. The use of live chat available form part of our services and website features, as such are subject to all Company Terms and Conditions.

  4. We will endeavour to respond to all emails and queries within 48 hours.

    It is our company policy to reply to all emails.
    If you have not received a response within this time frame, please check your junk box and spam folders, however if you do not receive a response or are unhappy with the response please refer the complaint to customer care sales@elusion-hydro.com to have the matter deal with further.

  5. The Company retains the right to refuse any request made by you. If your order is accepted, we will inform you by email. Goods are sold on the condition they are to be used for personal use (not for re-sale) and solely used for their intended purpose only. All customers agree to comply with relevant manuals and directions pertaining to that particular product, and it is the sole responsibility of the user to follow care instructions and obtain user manuals (these will be available online).

    When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit /debit, Pay Pal or bank facilities used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to change from time to time by the company without notice.

    When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purpose of purchase will not be formed until your payment has been approved by us and we have debited your Credit/ Debit card, Pay Pal or transaction has been cleared by our account. Notwithstanding anything else contained in these Terms and Conditions, you agree that this Contract is entered into in New Zealand upon the company's acceptance of your offer to purchase goods. Your payment for goods by any method does not constitute acceptance of any offer made by us on this website.

Payment Methods

  1. Payment can be made via Pay Pal, Credit/Debit card and bank transfer (for NZ customers only):

    1. You must be the owner and/or be an authorized user of either a valid credit /debit card, Pay Pal account or have access to banking facilities/institution acceptable to us.
    2. All orders are required to be paid to The Company in full prior dispatch.
    3. Upon both acceptance of your order and receipt of payment, generally your order shall be dispatched from our warehouse and with our shipping agent the following day.
    4. The processing time may vary however you will be able to check the status of your order and view your order via "My Account"
    5. Orders that remain pending on the system will be automatically deleted after 7 working Days.

  2. You will receive an email notification of your purchase. Please keep this notification in a safe place for your reference.

    Technical glitches and/or system software errors integrating data may occasionally lose track of an order. Although this is rare occurrence it may cause delays, if you Do Not receive an automated email confirming receipt of your order, please contact us on 1800 241 939 to rectify this.

  3. If you have any questions about your order; if your order needs to be amended or cancelled, please contact us immediately on 1800 241 939 prior to dispatch.

    An Item may be cancelled up until payment has been processed. Once payment has been processed the buyer is responsible for payment.

  4. Monetary refunds required via The Company, will be credited to the initial facility in which the transaction took place, or alternatively a credit note will be added to the customer’s account. All rights to, validity of and/or capacity to obtain, claim to; offers ,refund ,credits for values ,services, products and /or for monies owed shall be revoked by The Company after a period of 12 months has lapsed.

    Australian customers: G.S.T. is not applicable on these items; unless the order value is over AU $1,000.

Newsletters

  1. When you make a purchase, you are added to our newsletter database. You are able to opt out of the newsletters by The Company via simply emailing us at sales@elusion-hydro.com with this request or by using the unsubscribe button at the bottom of the emails.

Pricing and Availability

  1. Whilst we try to ensure that all details within our Service/s, descriptions, availability and, but not limited to, our prices which appear on this Service and in all forms of marketing material are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

    The Service/s may contain typographical errors; other errors or inaccuracies and may not be complete or remain current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the site and/or other services that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, availability ,shipping, payment terms, or return/warranty policies confirmation of the order price.

Deliveries

  1. We will endeavour to dispatch orders on the same or the next working day, delays may occur during peak times and public holidays. With the exception of rare occasions an emailed notification with a tracking number will be generated and sent to the email address provided upon dispatch of your goods. This may be used to assist in checking the delivery status of an order. Please Note; on rare occasion i.e.; glitches and/or integration difficulties-software may alert customers via an automated notification but neglect to notify our system for process and/or dispatch of goods.

    If you unable to accept delivery of goods during standard business hours at your residential address, please have your goods addressed to your place of work or another alternative if nobody is home to take receipt of the package. DHL will leave package at the nearest post office. Customers can call 131 406 and quote their tracking number. Customers will then be directed to their closest post office accompanying proof of identification where they can take collection of goods.

    Dispatch times may vary according to availability. As well, any guarantees or representations made pertaining to delivery times are subject to any, but not limited to delays resulting from shipping/courier services and force majeure for which we will not be held responsible. We ship to Australia wide Monday-Friday. No orders will be accepted for same day dispatch service after 1pm (EST), please see our Delivery Charges for further information. If an item is ordered that is on back order the whole order will be placed on back order until item is back in stock. See below

    NOTE:

    1. If a customer has been invoiced by DHL directly for any item/s subject to quarantine, these fees and charges with proof of invoice may be handled and settled by The Company on their behalf.
    2. Our carrier will not accept P.O. Boxes as a delivery address.
    3. Courier will require a signature from the receiver upon receipt of the goods.
    4. If an eligible signatory is unable to take receipt of goods, an attempted delivery notice may be left and the buyer will be responsible for collection from a depot or organizing an alternative arrangement direct with the courier.
    5. If an item is proven to be damaged or lost during shipping, the seller will process a damage/lost report claim to obtain a replacement on the buyers behalf.
    6. >
    7. Original postage/courier charges are non-refundable.
    8. The buyer is responsible to check all goods immediately and report any damage or faults to The Company by email to sales@elusion-hydro.com within 24 hours of receiving the item.
    9. >
    10. The Company reserves the rights to void/refuse any claims made after this time frame.

Backorders

  1. If in single transaction your order contains one or more back order item/s any available item/s at the time of ordering will in turn be subject to the same waiting period.

    Consideration is given to the circumstances of a back order and will be issued/dispatched based on priority i.e. Warranty items are given precedence in most cases.

    If the buyer does not wish to wait, he/she may request that the order be shipped in part, with all available items released. Any back order items already processed with-in that same order will be sent subsequently as they become available. This request can be made any time, however under this new arrangement, the buyer becomes obligated to pay for any additional processing/handling &/or shipping costs that result above and beyond the original agreement of order/ delivery charge.

    Products marked Coming Soon are not available on back order.

    If an item is marked as on back order or out of stock an E.T.A. should be available upon request. You may choose to remove or select another item based on this information as long as it is received prior to dispatch.

    Back orders exceeding, with-in reason the E.T.A. provided at time of order, shall be given the option to select merchandise of the same or greater value. The buyer is responsible for any amounts owing over the exchanging item/s' original value, however, if the monetary value is less this will be issued in the form of a credit note to the customer’s account only.

Force Majeure

  1. Should the company be delayed in performing its obligations due to anything beyond its control, the company may cancel or suspend its contract with the customer without incurring any liability for any loss or damage suffered by the customer or any other person.

Refund & Replacement / Warranty Policies

  1. During the warranty period beginning on the invoice date, Elusion-Hydro Australasia Limited will repair or replace the product which is covered under the Consumers Guarantee Act 1993. The product will be assessed by an authorized Elusion-Hydro Australasia Limited staff member who will assess the damage. Please note if the product has been found damaged or a claim is not covered, Elusion-Hydro Australasia Limited is not liable for the return of the product. However, if the warranty claim is covered, Elusion-Hydro Australasia Limited will cover all shipping cost. Strictly no warranties will be issued until the claim has been assessed by an authorized Elusion-Hydro Australasia Limited staff member.

    The following isn’t covered under Warranty:

    1. Out of the 90day Warranty period.
    2. Basic wear and tear.
    3. Accidental breakages.
    4. Damaged by the elements (water or sun damage).
    5. Modifying the product with any other Electronic Cigarette brands.

    PLEASE NOTE: All cartridges, E-liquids, disposable cigarettes and bonus items are considered a consumable item and as such are NOT covered under our return/warranty policy.

    In the event of a product failure, the customer will need to work with an Elusion-Hydro Australasia Limited warranty representative to perform the necessary troubleshooting. This is a required step before a return can be performed.

    Before you request a replacement/warranty replacement please ensure you understand and meet the following requirements:

    1. If an item is unsatisfactory, a written explanation is required before the item may be considered for a Credit/replacement.
    2. Buyer must take into account the description of the item prior to requesting a credit, if the item matches the description by the seller and the buyer is still unsatisfied the seller cannot be held liable.
    3. If an order is placed or supplied incorrectly it shall be the responsibility of that party to bear any associated costs.
    4. The item/s have not been added to, modified, varied or changed by any person other than The Company.
    5. If used in conjunction with another suppliers product supplied by the company for use with Elusion-Hydro Australasia Limited Holdings Ltd).
    6. All refunds will be credited will be in the form of a credit note and added to the customer’s account.
    7. The Company has the right and sole discretion whether to repair or replace faulty parts.
    8. Company policy states that all full price items sold from this service unless otherwise stated shall have a minimum 3 month expiry.
    9. To the exclusion of any discounted items, all hardware holds a three month manufacturer warranty.
    10. Warranties are not redeemable for cash.
    11. Warranties are non-transferable beyond the original buyer.
    12. Purchase or invoice numbers will be required as proof of purchase.
    13. All warranties provided only cover manufacturer’s faults.

    In the unlikely event that any product supplied by us causes damage to buyer's property and/or person, or in some way creates a burden of cost, this will be the responsibility of the buyer; unless the manufacturer acknowledges and agrees to compensation. The Company is giving you a statute of limitation of three months with this clause.

    These warranties do not include cover for normal wear and tear of a product. All items void warranty if caused due to water damage, products exposed to excessive heat, or not stored or maintained as per product care instructions, unauthorized repair and/or modification, misuse, abuse or use of the product for a purpose other than what it was intended, neglect or careless storage.

    All buyers are required to read instructions prior to operation or use the relevant instruction manual/s.

    If a device is examined by us and determined to have been mistreated we reserve the right to refuse a credit and /or replacement of this item.

    Analysing and testing of a faulty product/s insures Company standards are adhered to and normal protocol dictates that item/s reported as damaged and/or faulty be sent back for testing prior to replacement of the component.

    In some cases we may request photos or other forms of evidence from the buyer as proof of damage.

    The Company is liable for sending the replacement item back to buyer, except in the case that the returned item is tested and found not faulty or not in the same condition that the buyer reported.

    Products must be returned with all accessories, including their original packing materials, cartons and boxes (as per delivered).
    - with the exception of warranty claims, any sale goods returned or credits required by the customer will only be accepted by The Company at its sole discretion, if they:

    • Are returned within 14 business days of their delivery and/or collection
    • Are unopened, undamaged and in their original condition
    • Not a special design or specifically ordered by the customer
    • Not clearance stock, out of expiry date or goods notified to the customer as non-exchangeable /non-refundable and void of warranty
    • Are not reported immediately to have had any damages or faults noticed upon arrival. This must be forwarded to The Company by email at sales@elusion-hydro.com within 24 hours of receiving the item to obtain approval and authorization by the seller before a return can be executed.

    When filling out a warranty claim please ensure you provide the following:

    • Name
    • Street address
    • Email
    • Phone/mobile
    • Invoice or order number
    • Description of fault
    • Warranty parts
    • A proof of purchase needs to be attached

    To obtain a warranty form email sales@elusion-hydro.com

Discount Codes / Surveys / Promotions

  1. We may from time to time offer promotions/discount codes that may apply irrespective of product selection, or only apply to certain specified products only made though this Website.

    The conditions/or any conditions of use outlined, relating to any discount code /survey/competition will in most cases be specified at the time of issue, these are additional clauses and formed only as part of the conditions. Use of, Submission and/ or Contribution will constitute full acceptance to all Terms & Conditions .These Terms & Conditions relate to all  and not limited to any Company promotions/competitions/surveys and discount codes (unless otherwise stated). Only one promotional code may be used per order and promotional codes may not be used in conjunction with any other offer. A promotional code or offer cannot be used after an order has been placed.

Privacy Policy

  1. Under no circumstances other than for reasons already stated within these Terms and Conditions, company use, or legal requirements will we pass your details on to a third party, and all information supplied to The Company is considered private and confidential.

Website / Services

  1. Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the Terms of Conditions, as these may be updated by us from time to time, you should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

    You must not use the website in any manner or for any purpose which is prohibited by the Terms and Conditions. The website is available only to, and may only be used by, individuals that can form legally binding contracts under the law applicable to them.

    Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services/Products without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

    This Website also contains links to other websites, which are not operated by The Company. The Company has no control over the Linked Sites and accepts no responsibility for them as well any losses or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained as set out within those individual sites.

Intellectual Property, Software and Content

  1. The Intellectual property rights of all the software and content, that is made available to you on or through this Website remains the property of The Company or its licensors and is protected by copyright laws. All such rights are reserved by The Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

    You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by The Company or its licensors. The Company’s trademarks belonging to The Company. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are similar/ recognisable as a Company trademark, registrations and logos either colourably and/or in form without the written permission of The Company.

    The Company reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupt any of our services in any way.

     

    Disclaimer as to ownership of trademarks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with The Company and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The Company.

Linking to this Website

  1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Prohibitions

  1. You must not misuse this Website. You may not; commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence; as such The Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Submission of material

  1. The Company becomes the sole owner of all content you post ; including but not limited to review, competition, testimony, rating, comment or blog on or in connection with The Company – This includes for example, and without limitation, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances The Company may also share your contribution with trusted third parties. The Company has the right to delete anything damaging or harmful in content.

    For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with The Company ("IP License").

    This IP License ends when you delete your IP content or your account provided that you’re content may still be accessible if it has been shared with others, and we are not obligated to delete IP content shared by you. You also acknowledge that The Company is not obliged to publish any material submitted by you on any form and/or forum for Company’s publications. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand, that removed content, may persist in backup copies for a reasonable period of time (but will not be available to others) We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).

    We always appreciate your feedback or other suggestions about The Company, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). If you do not want to grant The Company the permission set out above on these terms, please do not submit or share your contribution.

    The Service provides you with the ability to interact with social media services, such as through Face book “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and Social media service providers are in control of those issues, not The Company. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.

Election of Court for Resolution

  1. The conditions of use are governed by and construed in accordance with the laws of NEW ZEALAND. You irrevocably and unconditionally submit to the exclusive jurisdiction of the court nominated by The Company.

    Where any conflict occurs from this agreement and the conflict remains incapable of a resolution, Legal action will be sort and heard in a court elected by The Company as nominated.

Terms of Service / Conditions of Use

  1. The Conditions of Use and all Terms and Conditions are effective until terminated by The Company; The Company may terminate this agreement and your access to the website at any time without notice. In the event of termination, you are no longer authorised to access the website. All restrictions imposed on you, disclaimer and limitations or liability set out in the conditions of use will survive termination.

    Any information given by any representative of The Company is in good faith however; The Company will not be held Liable for any information given or opinion formed by an individual representative of the company. The Company will not be held liable for any damages sort by individuals when products have been added to, modified, varied or changed. You agree to indemnify, defend and hold harmless The Company  , its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

    If any provision of the Terms and Conditions/Conditions of use is found to be invalid or un-enforceable by a court of law, such invalidity or enforceability will not affect the remainder of the conditions of use which will continue in full force and effect. All rights not expressly granted are reserved.

Disclaimer of Liability / Indemnity / Conditions of Use / Product disclaimer

  1. The Company states “All Electronic Cigarettes and vaping devises available from our company are not sold as smoking cessation devices; “instead as a lifestyle choice only.” The Company makes no representations that the products are therapeutic products as defined in s4 of the Medicines Act 1981 NZ.

    The Company states that small components may be a choking hazard, products can become hot as well products may contain Nicotine and/ or other chemicals and as such could cause harm or be fatal and therefore must be kept away and out of reach of children.

    It will be your responsibility to; seek medical advice as well, discuss with your doctor/ health care professional any pre-existing health conditions and allergies, prior to using these products; Ensure you Do Not use these products more frequently or for longer periods than a conventional cigarette; if any side effects occur, discontinue use immediately.

    Poisons Line-13-11-26 Australia wide. In the unlikely event liquid contents and/or components are accidently ingested seek medical attention immediately. Avoid all direct contact with eyes and/or skin as irritation may occur, as such it is suggested you take precautions during cleaning of/and or refilling by use of protective wear ie. gloves and eye wear. Do not swallow liquid contents, however if you are exposed to the contents by leaks either in contact or orally please ensure you do not swallow. Thoroughly flush/ rinse immediately and seek medical advice if irritation or discomfort occurs.

    In the unlikely event that harm, illness, injury, loss monetary or otherwise is caused, The company shall not be held liable for retribution sought or damages of any kind, resulting directly or indirectly unless seen as malicious in intent by The Company.

    The buyer assumes all liability and risk associated with the use of these products, no damages shall be sought by the buyer nor will compensation or damages of any kind be seen as payable by The Company.

    By the action of entering our website and/or use of any product or services, you are agreeing to all Company Term and Conditions as laid out in this document without limitation to definition of Terms and Conditions.

Health Disclaimer

  1. Any applications and content published on this Service is intended only to be of an informative nature to assist consumers. Nothing contained in this Service shall be construed as medical advice or the opinion of The Company.

    Elusion-Hydro Australasia Limited is not a medical organisation and our staff cannot provide you medical advice or diagnosis. The information and reports generated by/or linked to us should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified doctor. You are urged and advised to seek the advice of a medical doctor before commencing the use of any of these products. This Website and our products are intended for use only by healthy adult individuals. The Website is not intended for use by children, pregnant or breast feeding women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior using any electronic cigarette or vaping device.

Variation

  1. The Company shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the products or Services and/or any page of this Website.

Consumer Legislation

  1. It is the consumer’s RESPONSIBILITY unless otherwise specifically stated, that all purchases from The Company Website made, must be construed in accordance with the buyer's governing State/Territory Laws.

    Although this occurrence has yet to happen and would be deemed extremely rare, if a package constitutes for seizure of and/or fees by customs, law enforcements/officials, The Company will take no liability for any replacement and it shall be the consumer’s responsibility to pay all associated fees /penalties that may arise in this instance.

  2. It is the consumer’s responsibility, that all purchases from The Company Website made, must be construed in accordance with the laws of New Zealand. The Company will take no liability for any replacement of any product should it be seized by customs or law enforcement officials and it shall be the consumer’s responsibility to pay all associated fees /penalties that may arise in this instance.