Terms of Service (Purchase)

Welcome to Vapepie Australia. These Terms of Service (“Terms”) govern your access to and use of our website and any products or services made available through the website.

The website is operated by:

XDL CO., LIMITED
Hong Kong

By accessing or using our website, or by placing an order through our website, you acknowledge that you have read, understood and agreed to these Terms of Service, together with our Privacy Policy, Return & Refund Policy and other applicable policies published on our website.

If you do not agree with these Terms, please do not use our website or place an order.

1. General

These Terms of Service form an agreement between you and XDL CO., LIMITED (“Company”, “we”, “us” or “our”) regarding your use of our website and any products or services made available through it.

By using our website or placing an order, you represent that:

• You are legally permitted to use our website and purchase the relevant products under the laws applicable to you;
• The information you provide to us is accurate and complete;
• You will use our website and products in accordance with all applicable laws and regulations; and
• You will not use our website for any unlawful or unauthorised purpose.

You are responsible for complying with all laws and regulations applicable to your purchase, possession, use and receipt of any products.

2. Age and Legal Eligibility

Our website and products are intended only for customers who are legally permitted to purchase age-restricted products.

You must meet all applicable age and eligibility requirements before purchasing any age-restricted products.

Where required or reasonably necessary, we may request information or identification to verify your age or eligibility.

We reserve the right to refuse, cancel or restrict an order where we reasonably believe that the customer does not meet applicable legal requirements.

Customers are responsible for ensuring that the purchase, possession, importation and use of products ordered through our website are lawful in their state or territory and circumstances.

3. Compliance With Australian Laws

If you access our website from Australia, you acknowledge that your use of the website and any purchase is subject to applicable Australian laws and regulations, including applicable federal, state and territory requirements.

Australian laws impose significant restrictions on the supply, advertising and promotion of vaping goods. We do not intend these Terms to authorise any transaction that is prohibited by applicable law.

Where applicable law prohibits the sale, supply, delivery, importation or possession of a particular product, we may refuse or cancel the relevant order.

You are responsible for complying with applicable laws in the location where you reside and where the products are delivered.

4. Website Use

You agree to use our website only for lawful purposes.

You must not:

• Use the website in violation of any applicable law or regulation;
• Attempt to gain unauthorised access to our website, systems or accounts;
• Interfere with the operation or security of the website;
• Submit false, misleading or fraudulent information;
• Use automated systems to access or collect website content without our permission;
• Attempt to place fraudulent or unauthorised orders; or
• Use our website in any manner that could damage our business, systems, customers or service providers.

We reserve the right to suspend or restrict access to our website where reasonably necessary to protect our website, business, customers or service providers.

5. Products and Product Information

We make reasonable efforts to ensure that product descriptions, images, specifications, prices and other information displayed on our website are accurate and up to date.

However, product images may vary slightly from the actual product due to differences in screen displays, lighting, packaging or manufacturing updates.

We do not guarantee that all product information will always be complete, current or free from typographical or other errors.

If you identify an error in product information, please contact us so that we can review and correct it where appropriate.

Nothing in these Terms limits or excludes any rights you may have under applicable Australian consumer law.

6. Product Availability

Product availability may change without notice.

We may limit the quantity of products that can be purchased where reasonably necessary to comply with applicable laws, supply restrictions, inventory limitations or other legitimate business requirements.

If a product becomes unavailable after you place an order, we may contact you regarding available options or cancel the affected order and provide an applicable refund.

7. Orders and Order Acceptance

Placing an order through our website constitutes an offer to purchase the selected products.

Your order is not necessarily accepted simply because you receive an automated order confirmation.

We reserve the right to refuse or cancel an order where reasonably necessary, including where:

• The product is unavailable;
• There is an obvious pricing or product information error;
• We cannot verify information provided by the customer;
• We reasonably suspect fraudulent or unauthorised activity;
• The order cannot legally be supplied;
• Delivery to the requested location is unavailable; or
• The transaction would otherwise breach applicable laws or regulations.

If we cancel an order after payment has been received, we will arrange an applicable refund to your original payment method.

8. Pricing and Payment

All prices displayed on our website are shown in the currency indicated on the website.

Prices, promotions and product availability may change from time to time.

We will provide the applicable order total, including any shipping charges or other applicable charges, before you complete your purchase.

Payment must be successfully authorised before an order can be processed.

We may use third-party payment providers to process payments securely. Payment providers may have their own terms and privacy policies.

We do not generally store complete payment card details on our own servers.

9. Shipping and Delivery

We will arrange delivery using the shipping method available for your order and delivery location.

Estimated delivery times are provided for guidance only and may vary due to factors including carrier delays, weather, customs procedures, public holidays, remote delivery locations and other circumstances outside our reasonable control.

You are responsible for providing an accurate and complete delivery address.

If an order cannot be delivered because the information provided by you is incorrect or incomplete, additional delivery charges or other consequences may apply where permitted by law.

We do not guarantee a particular delivery date unless expressly stated otherwise.

10. Order Cancellation

You may request cancellation of an order before it has entered the shipping process.

To request a cancellation, please contact us as soon as possible at:

[email protected]

Once an order has been shipped or entered an irreversible fulfilment process, cancellation may no longer be possible.

Nothing in this section limits any cancellation or refund rights you may have under applicable Australian consumer law.

11. Returns, Refunds and Consumer Guarantees

Our returns and refunds are handled in accordance with our Return & Refund Policy.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies available to consumers under the Australian Consumer Law (ACL) where those rights cannot lawfully be excluded.

Australian consumer guarantees may apply to products and services purchased by consumers. These guarantees can include rights relating to acceptable quality, conformity with description, fitness for purpose and other requirements.

If you believe that a product is defective, damaged, unsafe, incorrect or otherwise does not meet applicable consumer guarantees, please contact us at:

[email protected]

We will assess the issue and provide any remedy required under applicable law.

12. Defective, Damaged or Incorrect Products

Please inspect your order promptly after delivery.

If you receive a defective, damaged or incorrect product, please contact us as soon as reasonably possible.

Please provide:

• Your order number;
• A description of the problem; and
• Clear photographs or video showing the relevant issue where appropriate.

We may request additional information to assess the issue.

Where a product is covered by applicable consumer guarantees or other mandatory legal requirements, we will provide the remedy required by law.

13. Promotions and Discount Codes

Promotional offers and discount codes may be subject to additional conditions.

Unless otherwise stated:

• Discount codes cannot be exchanged for cash;
• Discount codes may have expiry dates;
• Certain products may be excluded from promotions;
• Multiple promotional codes may not be combined; and
• We reserve the right to correct obvious errors in promotional information.

Promotional terms will be displayed where applicable.

14. Intellectual Property

All content appearing on our website, including text, images, graphics, logos, product information, designs, videos, icons and other materials, is owned by or licensed to us unless otherwise stated.

You may access and use the website for personal and lawful purposes only.

You must not reproduce, copy, modify, distribute, publish, sell or commercially exploit our website content without our prior written permission.

15. Third-Party Services and Links

Our website may use third-party services, including payment processors, shipping providers, hosting providers, analytics providers and other technology or service providers.

Our website may also contain links to third-party websites.

Third-party services and websites may operate under their own terms and privacy policies.

We are not responsible for the content, availability, security or privacy practices of third-party websites that we do not control.

16. Website Availability

We aim to keep our website available and functioning properly. However, we do not guarantee that the website will always be available, uninterrupted or error-free.

The website may occasionally be unavailable due to:

• Maintenance;
• Technical issues;
• Security incidents;
• Network problems;
• Third-party service interruptions; or
• Circumstances beyond our reasonable control.

We may modify, suspend or discontinue any part of the website where reasonably necessary.

17. Limitation of Liability

To the maximum extent permitted by applicable law, we are not responsible for losses arising from circumstances beyond our reasonable control.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot legally be excluded, restricted or modified under applicable law, including applicable Australian Consumer Law.

Where liability may lawfully be limited, our liability will be limited to the extent permitted by applicable law.

18. Privacy

Your personal information will be handled in accordance with our Privacy Policy.

Our Privacy Policy explains what personal information we collect, how we use and disclose it, how we protect it and how you can exercise applicable privacy rights.

You can contact us regarding privacy matters at:

[email protected]

19. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes to our business, website, products, services or applicable laws.

The updated version will be posted on this page together with a revised Last Updated date.

Your continued use of the website after an updated version has been posted constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

20. Governing Law

These Terms of Service are intended to operate subject to applicable laws.

For customers in Australia, nothing in these Terms is intended to exclude or limit the operation of mandatory rights or protections available under applicable Australian law, including the Australian Consumer Law.

Where legally applicable, disputes will be dealt with in accordance with the laws and courts that have jurisdiction over the relevant matter.

21. Contact Us

If you have any questions regarding these Terms of Service, your order, our products or our policies, please contact us:

XDL CO., LIMITED
Hong Kong

Email: [email protected]

We will make reasonable efforts to respond to customer enquiries and resolve issues promptly.