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Terms & Conditions

In this agreement we refer to you, the purchaser as "you" or "your" and Shosha.co.nz/Shosha.com.au as "us", "we" or "our"

1. GENERAL

1.1

This agreement applies to all purchases of Shosha.co.nz/Shosha.com.au Products by you from the Shosha.co.nz website and replaces all previous agreements between you and us.

1.2

We may change the terms of this agreement from time to time using the process set out in clause 17.

1.3

This agreement is important. You should ensure that you have read it thoroughly prior to purchasing any products on our website.

   
2. DEFINITIONS

2.1

In this agreement unless the context otherwise requires:

 

"agreement" means this agreement and includes any other terms incorporated into it by reference;
"information" means all information supplied by you to us via the website or otherwise and includes, for example, your name, contact details, credit card details and your payment and transactions history;
"GST" means goods and services tax;
"late payment interest rate" means 1.5%;
"products" means all products available for purchase on our website;
"website" means our website, accessible via the www.Shosha.co.nz / Shosha.com.au domain name.

   
3. PURCHASE TERMS
3.1 When purchasing products on the website you confirm and acknowledge that:
 

(a) you are 18 Years Old or Over to purchase tobacco (if products you purchase include tobacco) and that you can produce sufficient evidence (e.g. NZ Driver's Licence or Passport) of that entitlement on request prior to or upon delivery of the products;
(b) all information supplied by you to us is true and correct at the time you make any purchase on the website;
(c) notwithstanding the above, we may refuse to accept your order at our sole discretion;
(d) we may disclose your information to your bank or credit card company and for the purposes of any debt recovery proceedings we may issue against you;
(e) we may restrict your ability to purchase products via the website by imposing a credit limit on your account.
(f) You acknowledge that you are the age of 18 Years Old or Over when making any purchase(s) or Orders on this website, you have read and accepted the terms and conditions that are set out and that you agree to enter into a legal contract with us.
(g) We reserve the right to take any legal action(s) against you and seek compensation for any loss or damage we may suffer from any purchase(s)/Order(s) made by a minor or from the parent/guardian of a minor who caused the purchase(s)/Order(s) to be made.

   
4. PRICE
4.1 Product prices quoted on our website are inclusive of GST. You must pay us the full price quoted.
4.2 We reserve the right to vary prices without notice.
   
  TRANSIT COST

4.3

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 be added to the price.

   
  MISTAKES IN PRICE ARISING FROM COMPUTER ERROR

4.4

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 different between the amount actually paid by you in respect of your order and the correct amount payable.

4.5

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 to the extent of the misstatement.

   
5. PRODUCT AVAILABILITY

5.1

All products are sold subject to their availability. Promotional items may be limited as to quantity. We shall not be 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.

5.2

In the event that we are unable to supply products in the quantities specified in your purchase order you may elect to cancel or vary your order by agreement with us.

 5.3   

Product availability online may differ to availability in stores.  Online prices are not necessarily reflective of in-store prices.  Online prices are exclusive to online purchases.  Pricing for same or similar items may differ between stores at each store’s management’s discretion.

6. DELIVERY & TRANSIT

NEW ZEALAND SHIPPING

6.1

OVERNIGHT COURIER (Excludes Rural & SATURDAY COURIER): NZD $5

6.2

RURAL COURIER (1-4 DAYS): $7

6.3

Free shipping is not applicable for rural delivery

6.4

Orders placed before 3 PM will be dispatched to CourierPost on the same day. Orders placed after 3 PM will be processed and dispatched to CourierPost on the next day.

6.5

Orders placed on Friday will be dispatched to CourierPost to be delivered on Monday.

6.6

Orders placed on Saturday and Sunday will be dispatched to CourierPost to be delivered on Tuesday.

6.7

Orders placed on a public holiday will be dispatched to CourierPost on the next business day.

6.8

Overnight delivery is TARGETED and NOT GUARANTEED - Please allow 1-2 days for delivery and 1 - 5 days for Rural Delivery.

6.9

All orders are dispatched with signature required.

6.10

Shosha will not take responsibility for any lost or stolen packages for any non-signature orders.

6.11

Authority to leave (ATL)

Shosha is not responsible for any lost, damaged or stolen parcels if your parcel has been successfully made with Authority to Leave (ATL) by Courier Post. If your property is under ATL with Courier Post, it is your responsibility to make sure that the parcel is delivered successfully. For more information, please visit the Courier Post website.

6.12

Saturday delivery is TARGETED but NOT GUARANTEED. Only for orders placed before 12PM (midday) on Friday.

Saturday delivery is not valid for rural areas


SATURDAY DELIVERY

All Saturday delivery are targeted and not guaranteed. As once dispatched from us, we have no control on Courier Post deliver service(s) and as such, no refund will be given. This includes the following(s):

  • If your order has been dispatched to Courier Post and was not successfully delivered on time.
  • If you have provided us the wrong address and you have failed to contact (either by phone or by email) us before 12pm (Friday) to let us know.

Due to the nature of the Internet, there may be times that Saturday delivery service will be available to be chosen despite it not being available in your area. As such, we will require you to contact us to request for any refund that may be applicable.

Please note that should this situation occur(s), we will charge you for any shipping fee required to process your order and will refund you for any fees that you have been overcharged.

Example: If you live in a rural address and have chosen Saturday delivery, we will charge you for rural shipping fee and will refund you any extra credit due.

Additional Fees
At the unlikely event, we may require you to pay shipping fees should you have provided us an address that does not accurately charge you the correct shipping fee(s). Should this occur, we may place your order on hold and will contact you (via phone/email) to let you know.

AUSTRALIA SHIPPING

6.13

DHL Express: AUD $20

6.14

Orders placed before 2 PM NZDT (Target not guaranteed - (we cannot predict or remedy standard transit delays) - DHL TRACKED SHIPPING (1-5 working days) depending on the region) will be dispatched to DHL on the same day depending on stock availability.

6.15

Orders placed after 2 PM NZDT will be processed and dispatched to DHL on the next business day.

6.16

Orders placed on Friday will be dispatched to DHL to be delivered on Monday.

6.17

Orders placed on Saturday and Sunday will be dispatched to DHL to be delivered on Tuesday.

6.18

Orders placed on a New Zealand public holiday will be dispatched to DHL on the next business day.

6.19

All orders are dispatched with signature required.

We use CourierPost Overnight Delivery Service for all orders. We will try our best to despatch your orders within 10 business days after the day your order is received by us and you have received confirmation of your order from us via email or equivalent. We are not responsible for any failure to deliver or delay in delivery caused by any event outside of our reasonable control.  

In the event that we fail to deliver any products, you may elect to cancel your order in respect only of the products not delivered unless we have contacted you and you have agreed to delivery at a later date.

Where we fail to deliver or delay delivery of your order or part of your order or where any loss is incurred by you in relation to such delivery and is within our control, our liability shall be restricted to payment of the cost of replacing the order or part of the order, as we may determine (in our sole discretion).

Advice regarding order shortages or damage in transit must be given to our customer service team no later than three days after receipt of products.

Delivery is complete when the products reach the address you have specified for delivery. We will be responsible for arranging the delivery of products unless you arrange otherwise with us.

Nothing in these terms entitles you to return the products as being surplus to your needs, or for any other reason other than set out herein.

REST OF THE WORLD SHIPPING

6.20

Courier: DHL

6.21

Delivery Estimate: 2-10 Working Days

6.22

Price: from NZD $45.00

6.23

Due to different laws and regulations in different countries, we do not guarantee that your parcel will arrive to you. As such, we will not take any responsibilities should your parcel be seized by customs or other parties involved in shipping your parcel. No refund will be provided should this occur.

We reserve the rights to place your order on hold or cancel your order should we suspect that the product may not be able to be shipped to you. If such case arises, you will be notified via email of this.

Payment Method: PayPal

6.24

Wrong Order
In the rare event that the product(s) that you have received is incorrect. We require you to contact us by email/phone within 48 hours from the time the product has been marked as delivered by Courier Post or DHL Express; Whichever service is used to ship your product. If you do not contact us within this timeframe, we will assume that you have accepted the error and a refund or exchange will not be provided. Due to hygienic reasons, if you have received the wrong product (e-liquids, devices, etc), we require you to keep the product sealed and unopened and notify us within the time-framed as mentioned above. We will be unable to issue a refund or exchange if the product(s) has been opened or the seal has been damaged.

7. PAYMENT TERMS
  - CHARGES & INVOICING

7.1

You must pay us in full and in cash or by credit card (as applicable) at the time that you submit your order unless we have agreed to give you credit.

7.2

If you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.

7.3

If we agree to give you credit, you are required to pay us in full no later than the 19 days following the date of your order ("due date"), provided that if in our sole opinion an unsatisfactory feature develops in our trading relationship with you, we reserve the right to cancel the credit period and require that you pay us immediately.

   
  - REMEDIES FOR NON-PAYMENT

7.4

We will charge you interest at the rate of 1.5% per month if your account is unpaid after the due date. Interest will accrue on a daily basis and will continue to be payable even if we obtain a court judgement.

7.5

We reserve the right to recover any products for which you have not paid by the due date. You agree that we shall not be responsible for any loss or damage arising as a result of recovery and resale of the products save where such loss or damage arises from our negligence including that of our employees and contractors.

7.6

All costs associated with collection of any unpaid amounts will be charged to you in the event that your account remains unpaid.

 
  BANK TRANSFER
  All payment made to us by Bank Transfer will require a proof of ID to be sent to us before your order will be processed.
We accept the following as a valid proof of ID (All IDs must be valid and not expired).
 
  • Passport
  • Driver License
  • 18+ Card or Kiwi Access Card
  We will require you to send your ID with the same email provided on the order.
Should the proof of ID be invalid or is not acceptable, we reserve the rights to place your order on hold or cancel your order entirely.
If you are a registered member with us, we will update your account with your proof of ID. Please note that from time to time, we may require you to provide us of your ID to us again.
 
8. WARRANTIES
8.1 We represent and warrant to you that:
 

(a) We have the right to sell the products to you;
(b) The products are not be subject to any undisclosed security or charge;
(c) You have the right to undisturbed possession of the products.

8.2 We represent and warrant to you that the products:
 

(a) Are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels;
(b) Are reasonably fit for the purpose that we represent;
(c) Supplied by description correspond with their description.

   
9. CANCELLATION, RETURN AND REPLACEMENT
9.1 Subject to clause 8 of this agreement:
 

(a) After we have accepted your order for the products, you may not cancel the order without our consent;
(b) We will not consent to cancellation if we have processed documentation in fulfilment of your order;
(c) Returns for credit will be given at our discretion. The cost of return is your responsibility;
(d) In the event that we consent to cancellation, we may require you to pay a minimum handling charge of $4.00 exclusive of GST per case or part thereof or a maximum of 15% of the total value of your order.

   
10. USE OF YOUR INFORMATION

10.1

During the term of this agreement your use of the website will generate certain information that will be recorded electronically by us. Information of this type may include, for example, your IP address, your usage statistics, etc. We will also record your contact details, credit information and any related personal details that you supply or that we obtain independently.

10.2

You acknowledge that we, our employees, carriers, contractors and agents may use or disclose any of the information identified in the previous paragraph for purposes connected with the supply of the services to you. Examples of purposes connected with supply include, for example:

 

(a) administration of your account with Shosha.co.nz or on the website;
(b) carrying out credit checks;
(c) keeping you up to date with new offers/changes at Shosha.co.nz;
(d) sharing with contractors to enable you to use or facilitate your use of the website.

10.3

You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.

   
11. CONSENT TO RECEIPT OF ELECTRONIC MESSAGES

11.1

You agree by registering on this website 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.

   
12. INTELLECTUAL PROPERTY RIGHTS

12.1

We own, control or have the right to use and provide the website and all content on the website, including text, images, articles, photographs, illustrations, audio and video clips. You may electronically reproduce and store the content of the website solely for the purposes of viewing, using the services or saving website content, for your own personal use. You may not display or distribute the content of any part of the website or its content in public, including any reproduction in any form on the Internet, without our express permission.

12.2

Any infringement of our intellectual property rights will be fully enforced under New Zealand law.

   
13. GENERAL TERMS
  NO WAIVER

13.1

No delay, neglect or forbearance in taking enforcement action in relation to any provision of these terms will be a waiver, or in any way prejudice any right, of that party.

   
  SEVERABILITY

13.2

If any part of these terms is held to be invalid, illegal or unenforceable, that part will be severed and the remainder of the terms will remain in full force and have full effect.

   
  PRIVITY

13.3

Third parties may take the benefits of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.

   
14. JURISDICTION

14.1

The website is provided for use by New Zealand residents. We make no representations that the website complies with the laws of any country outside of New Zealand. If you access the website from outside New Zealand, you do so at your own risk and you are responsible for complying with the laws in the place where you use the website when purchasing products online.

14.2

This agreement is governed by New Zealand law and any legal action against us must be taken in a Court in New Zealand.

   
15. ASSIGNMENT

15.1

You may not assign any rights under this agreement except with our prior written consent.

15.2

We may assign our rights under this agreement without seeking your prior consent.

   
16. NOTICES

16.1

We will send all invoices and notices required under this agreement to the address (postal, fax or email) that you have nominated as your preferred method of contact. It is your responsibility to ensure that you keep up us informed of any changes to your contact details.

16.2

You will be deemed to have received a notice:

 

(a) sent by email or fax, at the time that we send it;
(b) sent by post, four days after we send it.

   
17. AMENDMENTS

17.1

We may change the terms of this agreement by sending you notice ("amendment notice") to that effect by your preferred contact method and supplying you with the amended agreement.

17.2

The agreement, as modified, will take effect from the date stated on the amendment notice but no later than 30 days following the date that we send the amendment notice.

18. COUPON
18.1 The promotional code is valid for a limited time only. Shosha reserves the right to modify or cancel it at any time.
18.2 Each promotional code can be used only once, unless otherwise specified
18.3 Each promotional code applies only to qualifying items. Details are specified in the promotion
18.4 The promotional code is not transferable, may not be resold or redeemed for cash
18.5 If you return items purchased using a promotional code, we will subtract the value of the promotional code from your return credit
18.6 Only one promotional code can be used each time and therefore cannot be combined with other offers using promotional code
18.7 Limit one promotional code per customer.
18.8 SHOSHA serves the right to cancel any orders with invalid usage of promo codes.
18.8 SHOSHA serves the right to cancel any orders with invalid usage of promo codes.
18.8 Please note that you must login/register for some discount coupons to be active.
18.9 Please note that you must login/register for some discount coupons to be active.
18.10 If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply. Shosha reserves the right to update these terms and conditions without prior notice.