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Terms & Conditions
This website is operated by Goat Group 999 Pty Ltd, trading as Smoke Warehouse. Throughout the site, the terms “we”, “us”, “our” and “Smoke Warehouse” refer to Goat Group 999 Pty Ltd.
Smoke Warehouse provides this website, including all information, tools, products and services available from this site to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our services and agree to be bound by these Terms & Conditions (“Terms”), including any additional terms and conditions and policies referenced in these Terms and/or made available by hyperlink.
These Terms apply to all users of the website, including without limitation users who are browsers, customers, suppliers, merchants and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you should not access or use our website or services.
Any new features, products or tools added to the website will also be subject to these Terms.
We may update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.
SECTION 1 — ONLINE STORE TERMS
By using this website, you represent that you are legally entitled to enter into a binding agreement under applicable Australian law.
Where products or services are subject to minimum age requirements or other legal restrictions, you must satisfy those requirements before purchasing or using those products or services.
You must not use our products or services for any unlawful or unauthorised purpose or in a way that breaches any applicable Australian law, regulation or requirement.
You must not transmit any worms, viruses, malware or other code of a destructive nature.
A breach or violation of these Terms may result in termination or restriction of your access to our website or services.
We reserve the right to request information or documentation reasonably necessary to verify your age or eligibility to purchase a product where required by law.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service, cancel an order or restrict access to our website where reasonably necessary, including where we believe an order may breach these Terms or applicable law.
You understand that information submitted through the website, other than payment information where appropriately encrypted, may be transferred across various networks and may involve changes necessary to meet technical requirements of connecting networks or devices.
Payment information is handled through our payment service providers and appropriate security measures are used during transmission.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the website without our express written permission.
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We endeavour to ensure that information provided on our website is accurate and up to date. However, we do not warrant that all information on the website will always be accurate, complete or current.
Information provided on this website is intended for general information purposes and should not be relied upon as the sole basis for making decisions where more specific or authoritative information is required.
The website may contain historical information. Historical information is provided for reference only and may not be current.
We reserve the right to modify website content at any time. However, we are not necessarily obligated to update all information on the website.
You acknowledge that it is your responsibility to monitor changes to our website.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify, suspend or discontinue the website, services, products or any part of the website at any time.
Where reasonably practicable, we will endeavour to honour orders that have already been accepted and paid for. However, if an order cannot be fulfilled, we will contact you and provide an appropriate remedy, including a refund where applicable.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified under Australian law.
SECTION 5 — PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through our website. These products may be available in limited quantities and may be subject to our Refund and Returns Policy.
We endeavour to display product images, colours and descriptions as accurately as reasonably possible. However, the appearance of colours may vary depending on your device, monitor or screen settings.
Product descriptions, availability and pricing may change from time to time.
We reserve the right to limit the quantities of products purchased by a customer, household, account or order where reasonably necessary.
We may discontinue products at any time.
Certain products may only be sold or supplied in particular jurisdictions or to customers who satisfy applicable legal requirements. We may refuse or cancel an order where supplying the product would breach applicable law.
Age-restricted products
Where a product is subject to an applicable minimum age requirement, you must meet that requirement before purchasing the product.
We may request evidence of age where reasonably necessary and may cancel an order if satisfactory evidence is not provided.
You must not purchase age-restricted products on behalf of a person who is not legally permitted to purchase or possess those products.
You are responsible for using products in accordance with applicable laws, manufacturer instructions and safety requirements.
Important: Smoke Warehouse does not represent that any particular product is lawful to purchase, possess or use in every Australian state or territory. Customers are responsible for complying with applicable laws in their location.
SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel an order where reasonably necessary.
We may, at our discretion and where permitted by law, limit or cancel quantities purchased per person, household, account, payment method or order.
These restrictions may include orders placed using the same customer account, payment card, billing address, shipping address or other identifying information.
If we cancel or modify an order, we may attempt to notify you using the contact details provided when the order was placed.
We reserve the right to refuse or cancel orders that appear to be placed for unlawful purposes or in circumstances that indicate unauthorised resale or other prohibited activity.
You agree to provide current, complete and accurate purchase and account information.
You agree to promptly update your account information, including your email address, delivery address and payment information, so that we can complete transactions and contact you when necessary.
SECTION 7 — RETURNS, REFUNDS AND CONSUMER GUARANTEES
Our Refund and Returns Policy applies to purchases made through our website.
Nothing in our Refund and Returns Policy or these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other applicable law.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The availability of a refund, replacement, repair or other remedy depends on the circumstances and the applicable consumer guarantees.
We may require reasonable information about a product and the nature of the problem so that we can assess your claim.
Our change-of-mind policy, if applicable, is separate from your rights under the Australian Consumer Law.
Australian Consumer Law rights cannot be removed or limited by a store policy or these Terms.
SECTION 8 — OPTIONAL TOOLS
We may provide access to third-party tools or services over which we do not have control.
You acknowledge and agree that access to such third-party tools may be provided on an “as is” and “as available” basis by the relevant third-party provider.
Your use of optional third-party tools is at your own discretion and may be subject to the third party's own terms and conditions.
We may introduce additional services, features or tools in the future. Any such services or features will also be subject to these Terms unless otherwise stated.
SECTION 9 — THIRD-PARTY LINKS
Certain content, products and services available through our website may include materials or links provided by third parties.
Third-party links may direct you to websites that are not owned or controlled by Smoke Warehouse or Goat Group 999 Pty Ltd.
We are not responsible for the content, accuracy, availability, privacy practices or policies of third-party websites.
The inclusion of a third-party link does not necessarily constitute an endorsement, recommendation or affiliation.
You should review the terms, privacy policies and practices of third-party websites before engaging with them or purchasing goods or services from them.
Any complaints, claims or concerns regarding third-party products or services should generally be directed to the relevant third party, except where applicable law provides otherwise.
SECTION 10 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us comments, reviews, feedback, suggestions, ideas, photographs, submissions or other material, whether requested by us or submitted voluntarily, you agree that we may use such material for legitimate business purposes, subject to applicable law and our Privacy Policy.
Where permitted by law, you grant us a non-exclusive, royalty-free licence to reproduce, publish, display, distribute or otherwise use submitted content for purposes relating to our business, website, products and marketing.
You must ensure that any content you submit does not:
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infringe the intellectual property, privacy or other rights of another person;
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contain unlawful, defamatory, threatening, abusive, obscene or otherwise inappropriate material;
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contain malware, viruses or other harmful code;
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impersonate another person;
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contain false or misleading information; or
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breach any applicable law.
We may remove or refuse to publish content that we reasonably consider unlawful, inappropriate, misleading, offensive or inconsistent with these Terms.
You remain responsible for the content you submit.
SECTION 11 — PERSONAL INFORMATION
Your submission of personal information through our website is governed by our Privacy Policy.
We may collect and use personal information for purposes including processing orders, arranging delivery, providing customer support, processing payments, managing accounts, preventing fraud, complying with legal obligations and, where permitted, sending marketing communications.
We take reasonable steps to protect personal information in accordance with applicable privacy laws.
Our Privacy Policy explains how we collect, use, disclose and manage personal information. Where the Privacy Act 1988 (Cth) applies to us, our privacy practices will also be governed by the applicable Australian Privacy Principles.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or availability.
We reserve the right to correct errors, inaccuracies or omissions and, where legally permitted, to update information, cancel orders or take other appropriate action where information is inaccurate.
If we cancel an order after payment has been made, we will provide an appropriate refund where required.
We are not obligated to update or clarify information on the website except where required by law.
SECTION 13 — PROHIBITED USES
In addition to other restrictions contained in these Terms, you must not use the website or its content:
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for any unlawful purpose;
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to solicit or participate in unlawful activities;
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to breach Australian or other applicable laws or regulations;
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to infringe our intellectual property rights or the rights of another person;
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to harass, abuse, threaten, defame, discriminate against or intimidate another person;
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to submit false or misleading information;
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to upload or transmit viruses, malware or other harmful code;
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to collect or track personal information belonging to others without lawful authority;
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to spam, phish, scrape or otherwise misuse the website;
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to interfere with or circumvent website security features;
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to impersonate another person or entity; or
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to use the website in a way that may damage, disable, overburden or impair the website or its availability.
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We reserve the right to suspend or terminate access to the website where we reasonably believe these restrictions have been breached.
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