Terms & Conditions
1. Terms and Conditions of Use
By using the Oz Smokemart website located at https://ozsmokemart.com/ (“Website”), you agree to be bound by the following Terms and Conditions of Use. These Terms govern your access to and use of the Website. Your continued use of the Website constitutes acceptance of any amendments.
Oz Smokemart (“we”, “us”, “our”) reserves the right to amend, update, or change the Website and these Terms and Conditions at any time without prior notice. Any promotion, competition, product, or service displayed on the Website is subject to these Terms and Conditions or any additional terms specified on the relevant webpage.
This Website is intended solely for individuals aged 18 years or older. Access to or use of the Website by persons under 18 years of age is strictly prohibited. By accessing or using the Website, you warrant that you are at least 18 years old and of legal age to purchase any applicable products under the laws of your place of residence. It is your responsibility to determine whether you may legally purchase any products offered on the Website, including but not limited to tobacco products, smoking accessories, or sexual wellness products.
2. General Disclaimer
Oz Smokemart is not liable for any loss or damage suffered in connection with the use of this Website or any linked website. This disclaimer is not limited or modified by any other specific warnings or disclaimers contained in these Terms.
3. Content
Any publication of electronic contact details on this Website is for professional communication purposes only and must not be used to infer consent to receive unsolicited commercial electronic messages.
We reserve the right to modify or remove any content on the Website at any time. We do not guarantee that the Website content is current, complete, or accurate and accept no liability for errors, omissions, or outdated information.
4. Intellectual Property Rights
All content, including text, images, logos, brands, and trade names displayed on the Website are owned by or licensed to Oz Smokemart and are protected by applicable copyright and intellectual property laws.
You must not, without prior written consent from Oz Smokemart:
reproduce, copy, modify, distribute, transmit, publish, display, perform, store, or create derivative works from any part of the Website; or
use any Website content for commercial purposes.
Unauthorised use of any materials may breach copyright, trademark, privacy, and other applicable laws.
5. Hyperlinks
The Website may contain links to third-party websites not controlled or maintained by Oz Smokemart. We do not endorse, approve, or take responsibility for the content or use of any linked websites.
6. Site Policies, Modification and Severability
We reserve the right to change the Website, policies, and these Terms at any time. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
7. Limitation of Liability
Your use of the Website is entirely at your own risk. To the maximum extent permitted by law, Oz Smokemart disclaims all liability for any direct, indirect, incidental, or consequential loss or damage arising from your use of or inability to use the Website, including loss of data, profits, or business opportunities.
Where liability cannot be excluded by law, our liability is limited to the maximum extent permitted.
8. Warranties
All content and products on the Website are provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for purpose, or non-infringement.
We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or harmful components. You assume all risks associated with accessing and using the Website.
9. Governing Law
These Terms are governed by the laws of the State of Victoria, Australia, and the laws of the Commonwealth of Australia. The Website is intended for use by persons residing in Australia. Access from outside Australia is at your own risk, and you are responsible for compliance with local laws.
10. Specific Warnings
10.1 You must ensure that your use of the Website complies with all applicable laws.
10.2 You are responsible for protecting your devices from viruses or malicious code. Oz Smokemart accepts no responsibility for any resulting damage.
11. Goods
11.1 Oz Smokemart is not responsible for the content or suitability of Goods purchased through the Website.
11.2 You warrant that you are legally entitled to purchase any restricted Goods included in your Order.
12. Pricing
12.1 Prices are subject to change without notice. Accepted Orders are charged at the price confirmed at checkout.
12.2 Delivery charges are payable as specified at the time of Order submission.
12.3 All prices are listed in AUD.
12.4 Online pricing may differ from in-store pricing.
12.5 Sales, Markdowns and Promotional Codes
Sale items are not eligible for further discounts.
Promotional codes must be applied at checkout and cannot be applied retrospectively.
Promotional offers cannot be combined unless stated otherwise.
13. Orders
Orders are placed by completing the checkout process. An Order is deemed received when an order confirmation email is sent to your nominated email address.
Oz Smokemart reserves the right to refuse, cancel, or limit Orders at its discretion. Once an Order is confirmed, it cannot be changed or cancelled, except as required by law.
14. Payment
Payments are processed using accepted payment methods displayed on the Website. Oz Smokemart reserves the right to refuse or cancel any transaction at its discretion.
15. Delivery, Risk and Title in the Goods
15.1 Oz Smokemart uses Australia Post for all deliveries.
15.2 Oz Smokemart will use reasonable efforts to dispatch and deliver Goods within 3–7 business days from the date the Order is accepted.
Delivery timeframes are estimates only and do not include weekends, public holidays, or delays outside our control.
15.3 Oz Smokemart does not offer same-day delivery services.
15.4 Oz Smokemart is not liable for any loss, damage, or delay caused by Australia Post or any other circumstances beyond our reasonable control.
15.5 Subject to payment being received in full, risk and title in the Goods pass to you upon delivery to your nominated delivery address.
15.6 Australia Post may require identification upon delivery. If delivery cannot be completed due to absence or failure to provide identification, the parcel may be returned to sender. Once returned to Oz Smokemart, a refund will be processed after the Goods are received and inspected.
16. Faulty or Damaged Goods
Faulty or damaged Goods will be replaced or refunded at our discretion, subject to return and assessment.
17. Returns
Please refer to our Returns Policy available on the Website for full details.
18. Indemnity
You agree to indemnify and hold harmless Oz Smokemart against any claims, losses, damages, or expenses arising from your use of the Website or breach of these Terms.
19. Privacy
Please refer to our Privacy Policy for information on how we collect and handle personal data.
20. General
Failure by Oz Smokemart to enforce any right does not constitute a waiver of that right.
21. International Customers
Oz Smokemart does not accept Orders from international customers or international credit cards.
22. Oz Smokemart
In these Terms, “Oz Smokemart” refers to Oz Smokemart Online (ABN 44 670 895 904) trading as Oz Smokemart.
23. Lay-by (In-store only – excludes tobacco)
Lay-by terms remain unchanged and apply to in-store transactions only.
Contact
For customer service enquiries, please contact us via email:
📧 service@ozsmokemart.com