Subscription Terms

1.1. These terms, together with all information and documents referred to within them (collectively our Subscription Terms), govern all the sale of subscription products (Subscription Products) to you via BAT (New Zealand) Limited’s (BATNZ, we, our, or us) website including batnz.com; vuse.co.nz; vusionry.co.nz as well as any applicable redirected Website (collectively our Website).

1.2. By creating a subscription (Subscription) and placing an order for a Subscription Product through our Website (a Subscription Order) under these Subscription Terms, you agree to and accept these Subscription Terms (as well as our Terms and Conditions of Sale, Privacy Policy, and Website Terms).

1.3. Please make sure you have read these Subscription Terms carefully, especially the limitations of our liability, before placing a Subscription Order.

1.4. We may amend these Subscription Terms from time to time by publishing updated Subscription Terms on our Website. These changes will apply to any Subscription Orders placed on or after the date on which the changes to the Subscription Terms are published. Your continued use of our Website following these changes constitutes acceptance of our Subscription Terms. You should review our Subscription Terms regularly to ensure you understand the terms and conditions that apply to you each time you place a Subscription Order for a Subscription Product.

1.5. We may terminate or suspend our Subscription scheme at any time, and in our sole discretion, by giving reasonable notice in writing.

2.1. If you have any questions about your Subscription, you can:

(a) write to us at: British American Tobacco (New Zealand) Limited, P.O. Box 2618, Auckland 1010, New Zealand

(b) email us at: info.nz@vuse.com (if you are in New Zealand)

(c) call us on: 0800 897 369 (if you are calling from within New Zealand).

3.1. Subscriptions are only available:

(a) for Vuse e Liquid pods and Vuse Go disposable devices;
(b) where a Subscription is for at least five (5) packs of Vuse e Liquid pods or Vuse Go disposable devices; and
(c) for domestic and/or private use only (any use of a Subscription for commercial, business, or resale purposes (including retailers and wholesalers) is strictly prohibited).

3.2. All Subscription Products depicted on our Websites are subject to availability. If we are unable to deliver a Subscription Product to you:

(a) we will let you know by email; and

(b) we will only charge you for the Subscription Product(s) that we can deliver to you.

3.3 Where a Subscription Product has been delisted or is out of stock, such that the order is less than five (5) packs or devices, we will automatically cancel your Subscriptions.

3.4 Vuse+ loyalty points cannot be earned on the purchase of any Subscription Products.

4.1. Subscriptions are available on only either:

(a) a rolling two (2) week period; or

(b) a rolling four (4) week period.

and in the event your Subscription is for a different frequency period, we will revert your Subscription to either a two (2) or four (4) week rolling period, whichever is closest. 

4.2. Subscriptions will renew automatically. We will send you a reminder notification before any automatic renewal, in case you want to skip or cancel your Subscription.

5.1. Subject to clause 5.2, if your Subscription is created on or after 27 July 2021 and is for five (5) or more packs of Vuse e Liquid pods or Vuse Go disposable devices and you subscribe for:

(a) up to twelve (12) weeks, you will receive a 15% (fifteen percent) discount off the recommended retail price.
(b) for more than twelve (12) consecutive weeks, you will receive a 20% (twenty percent) discount off the recommended retail price from week twelve (12) onwards.

5.2. If your Subscription was created on or before 3 June 2021 and was for:

(a) three (3) or four (4) packs of Vuse e-liquid cartridges, your Subscription price will be 20% (twenty percent) off the recommended retail price per pack of Vuse e Liquid pods provided that:

(i) you retain your Subscription; and
(ii) your Subscription remains for three (3) or four (4) packs of Vuse e Liquid pods.

(b) five (5) or more packs of Vuse e Liquid pods, your Subscription price will be 30% (thirty percent) off the recommended retail price per pack of Vuse e Liquid pods provided that:

(i) you retain your Subscription; and
(ii) your Subscription remains for five (5) or more packs of Vuse e Liquid pods.

5.3. Vuse+ loyalty points and any coupons purchased with Vuse+ loyalty points cannot be redeemed to purchase any Subscription Products.

5.4 Unless expressly stated otherwise, no other promotions or discounts will be applicable to reduce the price of a Subscription below what is specified in this clause 5.

6.1. Our Terms and Conditions of Sale set out our online payment facilities.

6.2. By registering for, or creating, a Subscription:

(a) you authorise us to charge your debit card, credit card, or PayPal account for your Subscription as, and when, required for your Subscription Order(s);

(b) you agree and accept that your first Subscription fee will be billed immediately;

(c) you agree and accept that any subsequent Subscription fees will be billed on the date the subsequent Subscription Order falls due (unless, or until, your Subscription is amended, skipped, or cancelled).

6.3. If we are unable to obtain any Subscription fee from you:

(a) we will let you know by email; and

(b) we will pause your Subscription and try, on a daily basis for a period of six (6) days to try and obtain the Subscription fee, to allow the issue to be resolved; and

(c) we will cancel your Subscription if the issue cannot be resolved after six (6) days.

6.4. Our subscription service is operated by a third-party provider, Bold. Your use of their service is subject to separate terms and conditions, which can be found at https://boldcommerce.com/terms-of-service. You should ensure that you have read and agreed with these terms and conditions before creating a Subscription.

7.1. All Subscription Orders:

(a) are subject to our Terms & Conditions of Sale; and

(b) qualify for free delivery.

7.2. How we dispatch and deliver items to you is set out in our Terms & Conditions of Sale.

(a) you have any complaints about your Subscription, our Subscription Products or questions about returns;

(b) you would like to make a claim under our Terms & Conditions of Sale; or

(c) if you receive a damaged or defective product, or the wrong product, and would like to make a claim under our Terms & Conditions of Sale.

11.1. Your compliance: You must comply with:

(a) any additional terms and conditions, or instructions from us, brought to your attention on our Website or correspondence from us; and

(b) all applicable New Zealand laws relating to your use of our Website, including your purchase, use and disposal of any Subscription Products.

11.2. Legally binding: You agree and acknowledge that these Subscription Terms are intended to create legally binding obligations on you in accordance with its terms. Those obligations, and the contract it creates, is between you and us. Subject to clause 11.5(b), no other person shall have any rights to enforce any of its terms.

11.3. Severance: If any part, or parts, of these Subscription Terms are, or become, invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of these Subscription Terms shall not in any way be affected or impaired.

11.4. Waiver: No failure or delay in exercising any right, power or privilege under these Subscription Terms will operate as a waiver of such right, power or privilege, nor will any single or partial exercise of such right, power or privilege preclude any further exercise of such right, power or privilege under these Subscription Terms or otherwise.

11.5. Transfer of rights:

(a) You need our consent, in writing, to transfer your rights or obligations under these Subscription Terms to someone else.

(b) We may, at any time, transfer or assign all, or any part, of our rights and obligations under these Subscription Terms to a related company, or to a third party, without your consent.

11.6. Governing law: These Subscription Terms are governed by, and interpreted in accordance with, New Zealand law. We both agree to submit to the exclusive jurisdiction of the courts of New Zealand.