TERMS & CONDITIONS

USING THIS WEBSITE

Using the website is straightforward. You will not be required to supply any personal information until you actually buy something at the check-out.  Of course, at that point, we’d like to know who you are and where you’d like us to send your purchase.  


PERSONAL INFORMATION

We do not require that you give us any information about yourself before you reach the checkout area of our Website.
When you place an order, we will ask you to input and will collect personal information from you such as: your name, email address, telephone number, delivery address and billing address.

We treat all your personal information as confidential and will only use it for the following purposes; processing your order and internal record keeping, and we may use the information to improve our products and services.

If you would like, you can sign up to our mailing list and we will notify you of products or special offers that may be of interest to you.  We will not e-mail you in the future unless you have given us your consent or it is directly relevant to an order you have placed.


PRIVACY PROMISE

We are committed to protecting your privacy. We will never pass on your email address or any other personal details to any third party unless required by law. We will only use the information that we collect about you lawfully and you will not receive marketing emails from us just because you have placed an order in the past. Unless you want to receive our newsletter of course!


COOKIES

A cookie is a small file which our website places on your computer's hard drive to store information about your shopping session and to identify your computer. The cookie helps analyse web traffic and allows web applications to respond to you as an individual. 

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can turn off cookies through your browser, but you will not be able to shop online unless cookies are enabled.


SECURE ONLINE PAYMENTS

We have taken every reasonable precaution to ensure that the personal information that you provide is safe and secure.

Smokai uses the Shopify e-commerce platform which has PCI compliant web hosting and a PCI compliant shopping cart.  

We do not store your credit card details.  These are collected by either Direct Payment Solutions (DPS) or PayPal for the strict intention of processing your order and will not be used for any other purpose, nor will they be disclosed to a third party. As DPS and PayPal process all payments, we have no access to any credit card numbers or bank details at any point.

If you are still not convinced about the safety of shopping online, but would like to order from Smokai, please contact us and we can take your order over the telephone or via email.


LEGAL STUFF

Use of This Website
Smokai maintains this website for your information, education, and communication. Your access and use of the Site is subject to the following terms and conditions ("Terms of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and the terms and conditions.  

You are provided with access to this Website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with such terms and conditions.

We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part hereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or change these terms and conditions from time to time, and your continued use of the website (or any part hereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.

Contract, Order Acceptance and Cancellation
The technical steps required to create a contract between you and Smokai are as follows:
(a) You place the order for your products on the website by completing the ‘Check Out’ and 'Payment' process. 
(b) We will send to you an order acknowledgement email detailing the products you have ordered.  This is not an order confirmation or an order acceptance from Smokai. 
(c) Order acceptance and the completion of the contract between you and Smokai will take place on the despatch of the products ordered, unless we have notified you that we do not accept your order, or you have cancelled it before despatch.  The sales contract is completed in New Zealand.
We may not be able to accept your order or part of your order for one of the following reasons:

  • The product you ordered is out of stock;
  • The product you have ordered is not available for shipping to your country;
  • Authorisation of your payment failed;
  • We made a pricing or product description error; and/or
  • You are not eligible to order from Smokai

If there are any problems with your order, we will contact you.  If you change your mind about an order that you have placed with us, please contact us as quickly as possible by emailing sales@smokai.com

Orders are usually processed immediately after you place the order, so we may have already packaged your order and made arrangements for it to be sent to you when you cancel it.  If this is the case we cannot always stop the order from being sent.  

Product Descriptions
Each item purchased is sold subject to its product description. We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct. However, some information, including product descriptions may not always reflect the position at the moment you place an order. 

Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information. 

Trading Names, Copyright and Patents 
Smokai is the trading names of Smokai Limited, registered in New Zealand, Company No. 3536371. Our registered office is BDO Auckland, 29 Northcroft Street, Takapuna, Auckland, 0622.  Our New Zealand GST number is 107-667-752. 

Smokai's total liability for any claim howsoever arising shall not exceed the price of the goods supplied by Smokai to the customer, together with any postage costs incurred.  Smokai shall not be liable for any consequential customer loss whether this arises from a breach of duty in contract or in any other way.  Smokai cannot accept any liability for a failure to comply with specific instructions stated in any owners manual supplied with a product, instructions, catalogue or on the website.

Smokai and other Smokai owned names and or logos contained in this site are trademarks and or registered trademarks of Smokai Limited.  Other names on this site may be trademarks or registered trademarks of their respective owners.  Copyright in the products, photographs, site design and graphics contained in this website is held by Smokai Limited.  Certain Smokai products maybe also be protected by Patents.   

Don't rip us off.  We respect Intellectual Property rights and expect others to do the same.  We will protect our property, so if you're one of those people who decide to rip us off, irrespective of where you are in the world, we'll find out who you are and ask our lawyers to hunt you down.  


PAYMENT TERMS

Prices
All prices are quoted in New Zealand dollars and (where relevant) include GST (Goods and Services Tax). They are correct at the time of publication on the relevant website. 

Payment Methods
Smokai accepts:

  • VISA and Mastercard through Direct Payment Solutions (DPS)
  • VISA, Mastercard and American Express through PayPal
  • Payments from your PayPal account

Credit Card Terms
All credit cardholders are subject to validation checks and authorisation by the card issuer when you place your order. If the issuer of your payment card or PayPal refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. Card payments will be debited and cleared from your account when your order is processed. You confirm that the credit or debit card that is being used is yours.