Subscription Terms and Conditions
Last updated: 2 July 2020
- Vuse is a trading name of British American Tobacco (New Zealand) Limited of PO Box 2618, Auckland 1140, New Zealand (“we”, “our”, or “us” as applicable).
- We may amend these Terms from time to time. Unless we expressly provide a delayed effective date, all amendments will be immediately effective on the posting of such updated Terms. Your continued use of our Vuse subscription services constitutes your consent to be bound by these Terms, as amended from time to time. Please therefore check this page occasionally to ensure that you’re happy with any changes to these Terms.
How to Create a Subscription
- To register for automated ordering of applicable Vuse products you must be an existing smoker or vaper, aged 18 years or over, with a New Zealand registered postal address, have an account profile set up within vuse.co.nz and provide a valid Payment Method (as described below) (“Subscription”). Subscriptions are only for personal, non-commercial use. You may not purchase Products for further distribution or resale or for any other commercial or business purpose. Your subscription is personal to you and non-transferable.
- To create a Subscription, you will need to go onto our website at https://www.vuse.co.nz/ and undertake the following steps:
- Select the relevant quantity of e-liquid cartridges you wish to add to your subscription;
- Select your preferred Subscription length;
- Login to your personal Vuse account; and
- Complete the associated payment details as and when prompted.
- Each successful Subscription created by you will become immediately effective upon completion of the checkout process for that particular Subscription, until such time as the Subscription is cancelled / terminated (as described below) or modified or paused by you or by us in accordance with these Terms.
Once you have successfully completed the above steps you will receive an email from us to confirm that your Subscription is live.
- Please note, we are unable to set up a Subscription on your behalf and you will need to create a Subscription in accordance with these Terms, including confirming the details relating to the payment method you wish to use. We will not be responsible or liable for any errors or faults caused solely by you during the creation of any Subscription and you warrant that any and all information provided by you is true and accurate. If you require further assistance on how to create a Subscription, please visit the Subscription page on our Website or contact the Vuse Care team.
- Your Subscription will automatically renew on a rolling 2 week or 4 week basis until cancelled by you (see below for further details). We will send you a reminder notification within a reasonable time period prior to such automatic renewal taking place, in case you wish to cancel your Subscription.
- Subscriptions are only available on selected Vuse e-liquid cartridges and in the quantities as presented on the Website from time to time (“Products”). For more information on the variety of Products available under a Subscription, please see each product description page on the Vuse Website.
You may create multiple Subscriptions at any given time. If you wish to cancel, amend or pause an existing Subscription, please see the relevant section of our Website or otherwise contact the Vuse Care team for further assistance.
If you amend the details of your Subscription, all such changes to your Subscription shall be governed by these Terms and these Terms shall continue to apply until your Subscription is either cancelled or terminated in accordance with these Terms.
- You acknowledge that the Subscription price (as applicable from time to time) cannot be used in conjunction with any other price structures available on the Products (or any other offer generally available through Vuse) as published by us from time to time.
- We will use commercially reasonable endeavours to ensure the availability of the Products on our Website but cannot guarantee any Product availability. In the event any of the Products placed under a Subscription are out of stock (regardless of whether this is due to normal stock fluctuations or any event outside of our reasonable control), we will not be able to deliver the relevant aspects of the Subscription to you and will not be liable for any consequences suffered or incurred by you as a result. If this event occurs, our Vuse Care team will be in touch to let you know what alternative products are available in stock, for you to continue your Subscription, for that specific month, or to discuss other options available to you. Please note that we will only charge for the Product that we ship to you which will be detailed in your order confirmation email for that delivery.
- We accept valid major credit cards for the Subscription services including Visa and MasterCard (“Payment Method”). We reserve the right to update and/or otherwise amend your chosen Payment Method from time to time.
- By registering for a Subscription, you authorise us to charge your Payment Method for your initial Subscription and each Subscription created thereafter in accordance with the applicable Subscription price(s) as published by us and as applicable from time to time. Please note that the Vuse payment facility is operated by Bold who will process your chosen Payment Method on our behalf. Your use of the Vuse payment facility will be subject to their terms and conditions. You should ensure that you have read and agreed with the Bold terms and conditions before using the Vuse payment facility.
When you create a Subscription, your first Subscription fee will be billed immediately. Unless we expressly communicate otherwise, any subsequent fees relating to your Subscription will be charged on the date the Products are ordered until such time as your Subscription is cancelled by you or by us in accordance with these Terms.
- The fees for each dispatched Subscription delivery will be billed to the Payment Method chosen by you to create the relevant Subscription or as otherwise directed by you from time to time. If we are unable to obtain payment from you for your Subscription order for any reason, we will notify you via e-mail asking you to resolve the problem. Your Subscription will be placed on hold and no additional orders will be processed or shipped until the problem has been resolved by you. If the payment issue is not resolved within a reasonable time from you being notified by us, we reserve the right to cancel your Subscription immediately without notice to you.
- All Subscriptions are subject to our shipping policy. Please see our Shipping Policy for further information.
- All Subscription deliveries come with free shipping without any additional fees being charged to you.
- Please note that further delivery restrictions may apply to your Subscription(s). For further information on delivery restrictions (in particular, relating to certain geographical delivery restrictions) please see our Shipping Policy for further information.
Pausing your Subscription
- There may be occasions when, despite our efforts, we are unable to dispatch the Products relating to your Subscription. This may include (but is not limited to) circumstances where any of the Products in your Subscription are out of stock (whether due to normal stock fluctuations or otherwise) or have otherwise been discontinued at the time your Subscription is due to be ordered.
- If any of the events under clause 23 arise, the following procedure will apply:
- You will receive an email from us to confirm that there has been an issue with your Subscription and that the order of your Products will not take place and that you will need to contact the Vuse Care team or amend your Subscription in your Vuse account.
- In the event a remedy can be provided by the Vuse Care team, (for example, you confirm that you are happy to proceed with the change of the Product(s) in your Subscription, or if we can provide you with a one-off substitution for any out of stock Products) the Subscription will be removed from the ‘paused’ state by us and the Subscription will resume normal activity.
- In the event that we are unable to resolve the issue with your Subscription, (for example, one of the Products in your Subscription has been discontinued) we will discuss with you the options available which may include the ‘paused’ Subscription being cancelled and a new Subscription for current available Products being set up.
- There may be occasions when you decide that you wish to ‘pause’ your own Subscription. For example, you may wish to do this if you know that you will be away on holiday. If you would like to pause an existing live Subscription, please undertake the following steps:
- Please login to your personal Vuse Account;
- Click the ‘Subscriptions’ tab;
- Click on ‘View Details’;
- Choose the Future Order that you’d like to Pause; and
- Click the ‘Pause’ button.
Cancelling your Subscription
- You are entitled to cancel your Subscription at any time by logging into your Vuse account and by following the on-screen prompts.
A request to pause or cancel a Subscription as set out in clause 25 must be received at least one (1) full day prior to your next scheduled Subscription order to avoid being charged for that order. Subject to the following, cancellation requests received after that shall take effect for the following Subscription order. If we receive your request to pause or cancel a Subscription after dispatching any Subscription order, you may return to us the Product(s) in accordance with our ‘Refund Policy’.
- Please note, a Subscription once cancelled by you cannot be restarted. You would therefore need to set up a new Subscription using the steps described above.
Return of Products
- If you need to return any Products to us for any reason, please see further information on how to do this under the ‘Refund Policy’ on the Vuse website or call our Vuse Care team for assistance.
- We reserve the right to end any Subscription(s) and/or decline the creation of any Subscription(s):
- at any time;
- for any reason; and
- without notice to you.
- We reserve the right (in our absolute discretion) to take any action we believe to be appropriate if we consider that any Vuse account holders are abusing the Subscription services, which may include (but not limited to) terminating your existing Vuse registered account.
If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
A failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms or by law shall not constitute a waiver of that, or any other, right, power or remedy and shall not, and nor shall any single or partial exercise of any such right, power or remedy, preclude the further exercise of that, or any other, right, power or remedy.
We do not accept any responsibility nor any liability (unless such liability cannot be lawfully excluded) for your use of the Subscription (including but not limited to use of your Subscription account) where such use is undertaken in a manner which is inconsistent with these Terms, the Vuse account user Terms and/or the Vuse Website Terms and Conditions.
We do not accept responsibility and will not be liable (unless such liability cannot be lawfully excluded) for any losses, damages, expenses or other liabilities arising from or in connection with (whether direct or indirect) any technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind or for any errors solely due to the actions by you relating to a Subscription or for any circumstances beyond our control, including but not limited to, accident, fire, flood, acts of God, strike, lock-out or other industrial disputes (whether or not involving our employees) or legislative or administrative interference.
- These Terms are governed by New Zealand law and you hereby agree to submit to the exclusive jurisdiction of the courts of New Zealand.