Terms of service
Terms of Service
These Terms govern access to our website, account use, orders, payments, age
verification, fulfilment and customer rights.
practices.
Please read these
Terms before using
the website or placing an order.
These Terms of Service apply when you access or use the Smoke Market Australia website, create
an account, communicate with us or place an order.
By using the website or submitting an order, you confirm that you have read, understood and
agreed to these Terms. If you do not agree, you must not use the website or purchase products
through it.
BUSINESS NAME] Company, partnership or sole trader name
ADDRESS] Use a valid business contact address
Adult customers and
lawful delivery only.
You must be at least 18 years old to use the website to purchase tobacco
products or any other age-restricted products.
We may request age, identity, address or payment verification before
accepting, dispatching or delivering an order. The recipient may also be
required to show valid identification at delivery.
requested.
Who may use the service
You must have legal capacity to enter into a binding contract and must be at
least 18 years old to purchase tobacco or other age-restricted products.
By placing an order, you confirm that both the purchaser and intended
recipient satisfy all applicable age and eligibility requirements.
Your responsibility to comply with the
law
Products are offered only where their sale, possession, supply and delivery are permitted. Availability may differ by state, territory, region or postcode.
You must not use our website or products in a way that breaches applicable
law. We may refuse or cancel an order where we reasonably believe the
transaction is unlawful, restricted or unable to be fulfilled compliantly.
Accurate customer details
You must provide current, complete and accurate information, including your
name, billing details, delivery address, email address and any verification
information requested.
You are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account.
- Do not impersonate another person.
- Do not create an account using false age or identity information.
- Notify us promptly if you suspect unauthorised account activity.
Product descriptions and stock
We aim to present product descriptions, images, quantities and availability
accurately. Packaging, colours and minor visual details may vary from images where permitted by law.
Products may be withdrawn, restricted or become unavailable without notice.
Placing an item in a cart does not reserve stock.
We may limit quantities where reasonably necessary for stock control,
regulatory compliance or fraud prevention.
When an order becomes binding
Submitting an order is an offer to purchase the selected products. An
automated order acknowledgement confirms receipt but does not necessarily mean that the order has been accepted.
An order is accepted when we confirm acceptance or dispatch the products,
subject to payment approval, stock availability, verification and legal eligibility.
We may reject or cancel an order before acceptance, including because of
pricing errors, unavailable stock, failed verification, suspected fraud or legal
restrictions.
Charges and payment authorisation
Prices are displayed in the currency shown at checkout and may include or
exclude taxes as indicated on the website.
You authorise us and our payment providers to charge the total amount shown at checkout. Your order may be held or cancelled if payment is declined,
reversed or cannot be verified.
If an obvious pricing or technical error occurs, we may contact you to confirm
the correct price or cancel and refund the affected order.
Identity, age and payment checks
We may use reasonable verification measures to confirm age, identity, billing information, delivery eligibility and payment authenticity.
An order may be delayed, held or cancelled if requested information is not
supplied, cannot be verified or appears inconsistent.
We may cooperate with payment providers, carriers or lawful authorities where fraud, misuse or illegal activity is reasonably suspected.
Fulfilment and delivery
Shipping, processing estimates, tracking, failed delivery and address requirements are governed by our Shipping Policy, which forms part of these Terms.
Delivery dates are estimates unless expressly stated otherwise. You are
responsible for providing a deliverable address and ensuring that an eligible
adult recipient is available where required.
Risk and title pass only as required by applicable law and the delivery
arrangement used.
Remedies and statutory rights
Returns and refunds are handled under our Return and Refund Policy, subject
to your rights under applicable consumer law.
Nothing in these Terms excludes, restricts or modifies any consumer
guarantee, right or remedy that cannot lawfully be excluded, restricted or
modified, including rights that may apply under the Australian Consumer Law.
Where a product has a major problem and the Australian Consumer Law
applies, you may be entitled to choose a refund or replacement and may also
have other remedies.
Prohibited conduct
You must not misuse the website or interfere with its operation.
- Attempt unauthorised access to accounts, systems or data.
- Introduce malware, harmful code or automated attacks.
- Scrape, copy or extract content at scale without permission.
- Use the website for fraud, unlawful resale or prohibited transactions.
- Submit false reviews, abusive content or misleading information.
- Circumvent age, quantity, location or verification controls.
Website content and branding
Unless otherwise stated, the website design, text, graphics, layout, original
photographs, store branding and other content are owned by or licensed to us.
You may view and use the website for personal shopping purposes. You must
not reproduce, modify, distribute or commercially exploit protected content
without permission or another lawful basis.
Third-party product names and trade marks remain the property of their
respective owners.
Limits that apply only where lawful
We do not guarantee that the website will always be uninterrupted, error-free
or available on every device.
To the maximum extent permitted by law, we are not responsible for indirect,
incidental or consequential loss arising solely from website interruption,
third-party systems or events outside our reasonable control.
These limitations do not apply where liability cannot lawfully be excluded or
limited, including liability arising under mandatory consumer protections.
Personal information and service messages
Personal information is handled in accordance with our Privacy Policy. We may send transactional communications relating to orders, verification, payment, shipping, account security or customer support.
Marketing communications will be sent only as permitted by law, and available unsubscribe options should be used where provided.
Updates to the service or these Terms
We may update these Terms to reflect legal, operational or service changes.
The revised version will apply from the date shown on the published document.
We may suspend or terminate access where a user breaches these Terms,
misuses the website, fails verification or creates legal, security or fraud risk.
Terms applying to an accepted order will not be changed retrospectively except where required by law or agreed with the customer.
Legal interpretation
These Terms are governed by the laws of [INSERT AUSTRALIAN STATE OR TERRITORY] and the applicable laws of Australia, without excluding any mandatory rights
available to a consumer in another jurisdiction.
Before commencing formal proceedings, the parties should first attempt in good faith to resolve the dispute through customer service, except where urgent relief is required
or this step would unlawfully limit a party's rights.
If any provision is found invalid or unenforceable, the remaining provisions continue to operate to the extent permitted by law. A delay in enforcing a right is not a waiver of
that right.
Your non-excludable rights remain protected.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms is intended to remove rights or remedies that the
law says cannot be removed.
Any exclusion, limitation or disclaimer in these Terms applies only to the maximum extent permitted by law.
Questions about these Terms?
Include your name and relevant order number when contacting us about a transaction.