Terms & Conditions
By accessing this website you are agreeing to our Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Throughout this site, the terms “we”, “us” and “our” refer to Smoke Monkey. Please read these Terms and Conditions carefully before or using our website.
Age Restriction - You must be at least 18 years old to view or make a purchase through the Smoke Monkey website. By checking the box in the pop-up when you enter the site, you are agreeing that you are over 18. We are not responsible for the actions of anyone who accesses this site that is under the age of 18.
Your information - It is your responsibility to provide accurate personal and contact information when creating an account with Smoke Monkey. If you have entered incorrect information we will not be held responsible for any subsequent issues that arise from the use of this incorrect information.
General conditions - You understand that your content, excluding credit and debit card information, may be transferred unencrypted and involve;
- Transmissions over various networks.
- Changes to adapt and conform to technical requirements of connecting networks or devices.
Credit and debit card information will always be encrypted.
You agree not to reproduce, duplicate, copy, sell or exploit any portion of this service, without our express written permission.
Our products & services - Some of the products that Smoke Monkey sells may contravene certain laws in some areas around the world. We will not be responsible for any actions of our customers contravening these laws. All of the smoking products we sell are for use with tobacco or legal alternatives which comply with the law. It is your responsibility to understand and comply with your local laws. When you purchase goods from our site you are acknowledging and agreeing that you will use these products for legal purposes. By purchasing through the Smoke Monkey website you acknowledge and agree that:
- When you place an order to purchase any of our products, you are making an offer to us.
- We have the right to refuse orders placed for our products.
- If we accept your offer, we will communicate this with you.
- It is your responsibility to ensure that the product that you have purchased is legal in the state or territory that you are living.
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer’s display monitor of any colour will be accurate.
We have the right to limit the quantity of any product and sales of our products to any person, geographic region or jurisdiction. All product descriptions or product pricing are subject to change at any time without notice. We have the right to discontinue any product at any time.
We do not warrant that the quality of any products, services or information obtained through Smoke Monkey will meet your expectations.
Shipping & Delivery - It is the customer’s responsibility to ensure the delivery address is entered correctly when making the purchase. We are not liable for any lost or delayed items due to an incorrect delivery address. Please allow for up to 7 business days for standard delivery options and additional time during peak periods and for remote locations. We can only provide our best estimate for when a delivery will occur and cannot guarantee delivery times. Occasionally there may be unforeseen delays once items leave our warehouse and Smoke Monkey is not responsible for such delays once Australia Post or one of our affiliated courier services are in possession of your delivery. Smoke Monkey also reserves the right to increase postage charges where it is deemed necessary (i.e. remote locations or excessively large orders).
Stock & Availability - While we have every intention of making sure we have adequate stock for all our products, we cannot guarantee availability on all items and have the right to cancel an order at any time. If an item is out of stock or unavailable at the time of purchase, you will be contacted immediately to organise for alternative arrangements.
Pricing policy, payments & service modification - All items listed on the Smoke Monkey website are priced in AUD. You will be billed for your purchase in Australian Dollars. When making a purchase through our website, you are agreeing that you are an authorised user of the credit or debit card you are using. If you elect to pay via a direct deposit we will ship your order as soon as the funds hit our account.
Prices of our products are subject to change at any time without notice. We reserve the right to modify or discontinue the service at any time without notice. We will not be held liable to you or a third-party for any modification, price change, suspension or discontinuance of this service.
Payment Surcharges - Please note that there is a 2% credit card surcharge that is charged to all credit and debit card transactions. This is a bank surcharge that is passed on to our customers. To avoid this payment please pay for your purchase via a direct deposit into our bank account.
Payment Options - We accept payment via a credit or debit card as well as via a direct deposit into our bank account. Please not that all card payments will incur a 2% bank surcharge.
Credit & debit card security - All credit and debit card details entered into our site go through a secure socket layer technology (SSL). These details are encrypted and are securely transmitted through a payment gateway to be processed. We do not store on credit or debit card information of our customers.
Fraud - To maintain efficacy Smoke Monkey subjects any orders received to various security checks. If our systems detect any anomalies with your payment we will contact you to confirm your payment details. We have the right to hold your delivery during this investigation period while we await confirmation. If our investigations indicate possible fraudulent activities we reserve the right to cancel your order and communicate this information to the relevant authorities.
Discount Codes - Any discount codes must be entered prior to making payment for your product. Discount codes cannot be entered retrospectively. If you pay for your order without entering a discount code then you are agreeing to pay the full amount for your purchase.
Promotional discounts - Depending on the given promotional discount, you may not be able to apply this discount to sale or clearance items. Please email us at admin@smokemonkeys.com.au to check whether your promotional discount can be applied prior to making your payment.
Returns & Refunds - All purchases made on the Smoke Monkey website are final and returns and refunds are not accepted, unless an item has a fault when delivered. We will refund, replace or credit your account for any items that are broken or faulty upon delivery. If you believe that this is the case then please contact us immediately with a description and photos of the issue. Please inspect all items thoroughly once delivered. If no issues are reported with your item once received we will assume that it has been received in good working condition. As such, we have no responsibility to provide a refund, exchange or credit for items that have been damaged after the fact.
Copyright, Images & Designs - The entire content included on the Smoke Monkey website is copyrighted as a collective work under Australian copyright laws. All images and designs seen on the Smoke Monkey website are the copyright of Smoke Monkey. We do not give permission to use or reproduce any logos, trademarks, images or designs featured on our website and any such use may constitute an infringement on the owner’s rights. Permission is only granted to make an electronic copy and/or print a hard copy of small portions of this site for the sole reason of placing an order with Smoke Monkey. Any other use of this material, including the reproduction, distribution, display or transmission, is strictly prohibited. You also agree not to alter or delete any proprietary notices from material downloaded on our website.
Typographical errors, inaccuracies & omissions - In the unlikely event that a Smoke Monkey product is listed at an incorrect price we reserve the right to refuse or cancel any orders that have been placed for this product. If your credit or debit card has been charged for a purchase of an incorrectly listed price we will issue a refund to the card used for the amount paid.
From time to time there may be some information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct these errors, inaccuracies or omissions or cancel orders if any information on this site is inaccurate at any time. We are under no obligation to update, amend or clarify information on our site except as required by law.
Disclaimer of warranties & limitation of liability - While all the foreseeable and necessary steps are taken by Smoke Monkey, we cannot guarantee, represent or warrant that the use of our service will be completely uninterrupted, timely, secure or error-free. You accept that occasionally we may remove this service for indefinite periods of time or cancel the service without notifying you.
You agree that your use of this service is at your sole risk. All products delivered to you through this service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind. This includes all implied warranties or conditions or merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case will Smoke Monkey and its affiliated partners be liable for any injury, loss or damages of any kind arising from your use of this service or any products procured with this service. We do not warrant that this site, its servers or emails sent from Smoke Monkey are free of viruses or harmful components. As some states and territories do not allow the exclusion of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in these areas.
Online store terms - You must not transmit viruses, worms or code of a destructive nature. A breach of any of these terms will result in immediate termination of your services.
Third-party links - Certain content, products or services that are available on our website may include materials from third-parties. Third-party links seen on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining and evaluating the accuracy of content on these sites and we will not be held responsible or liable for any harm or damage incurred relating to the content, products or services of these third-party websites. Please read the third-party’s website privacy policy and terms and conditions before engaging them for goods or services. Concerns, complaints and claims regarding to goods or services procured on third-party websites should be directed to the third-party.
Accuracy, completeness & timeliness of information - Smoke Monkey is not responsible if information that is made available on this site is not accurate, complete or current. The information on this site is provided for general information only and should not be solely relied upon for making decisions without consulting more accurate, more complete or more timely sources of information. Reliance on the material on this site is at your own risk. Any historical information included on this website is provided for your reference only. We have the right to modify the contents of this site at any time with no obligation to inform you of these updates. It is your responsibility to monitor changes to our website.
Indemnification - You agree to indemnify, defend and hold Smoke Monkey and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability - In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Changes to our terms of service - Smoke Monkey reserves the right to update, change or replace any part of these Terms of Service at any time. It is your responsibility to check our website for updates or changes. Continuing to access or use our site following any changes of our Terms of Service constitutes acceptance to the changes. You can review the most current version of our Terms of Service on this page at any time.
User comments, feedback & other submissions - If, at our request, you send us specific submission (e.g. contest entries) or without our request you send suggestions, creative ideas, proposals, plans or other materials you agree that we may, without restriction and at any time, edit, copy, publish and distribute any comments or information forwarded to us. We are under no obligation to maintain comments in confidence, pay compensation for comments or respond to comments.
Contact information - If you have any questions or require further clarification of any of our Terms of Service, please email us at admin@smokemonkeys.com.au.