Usage by Minor
This Site is not intended for or directed to persons who are minors (under the age of 18).
Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older) and that any information you provide to us is not inaccurate, deceptive or misleading.
All products listed on darkvapes.co.nz are intended for adults over the age of 18.
Darkvapes products may contain nicotine. This is a highly addictive and poisonous substance that can be harmful to your health
All products listed on darkvapes.co.nz are not intended for children, pregnant women, women who may become pregnant, non-smokers, or smokers seeking a smoking cessation product.
We will not sell nicotine or nicotine related products to anyone who is not of legal age to purchase and use tobacco or nicotine products under applicable law. We cannot be held responsible for minors purchasing nicotine or nicotine related products with a parent or guardian’s credit card. By placing your order for nicotine or a nicotine related product you are confirming that you are of legal age to purchase and use nicotine products in the state, country or territory where you are based. We may restrict the purchase of nicotine related products in your area.
Do not use nicotine products if you are pregnant or breast feeding. Nicotine is a chemical known to produce birth defects and reproductive harm.
Do not use nicotine products if you have any of the following medical conditions: Heart disease, diabetes, high blood pressure, or asthma
Nicotine based liquids may be toxic if orally ingested or in contact with skin. Darkvape Shisha products may contain small parts. Keep out of reach of children and pets
Nicotine based liquids are toxic to the environment. Do not flush or pour down the drain. Please dispose of containers properly.
Our products are not being marketed as smoking cessation devices and have not been approved as such. If you’re seeking a smoking cessation method, please consult your healthcare providers or organisations that deal specifically with quitting smoking, such as Quitline – 0800 778 778
Darkvape products have not been evaluated by the Food and Drug Administration nor is it intended to treat, prevent or cure any disease or condition
If you experience any symptoms of nicotine poisoning stop using the product immediately and consult your healthcare provider. Symptoms may include but are not limited to vomiting, nausea, headache, difficulty breathing, sweating, palpatations, lisps, stomache ache or pain, siezures or weakness
Use products only as intended and only with liquids designed for the products sold.
eLiquid is flammable. Keep away from open flame and excessive heat.
Only use chargers purchased from the Darkvapes website when charging the battery.
Use a dedicated power source capable of supplying adequate power for charging. Note some USB ports may not be designated to supply power and should not be used.
Do not overcharge the battery.
Always keep batteries in cool, dry surroundings. Do not store in hot or humid places. Never use a battery in damp or wet conditions.
Never leave your battery in a place that it could become excessively hot such as direct sunlight or inside a parked car
Do not carry in purse or pocket with other sharp or bulky items. Such items may damage the battery or cause accidental misfire of the atomiser. Do not puncture the battery. Do not dismantle the battery.
Do not leave a battery where children may have access to it.
Terms of Sales
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
In order to contract with darkvapes.co.nz you must be over 18 years of age. Darkvapes.co.nz retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, if credit or debit card is used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Our policy lasts 7 days. If 7 days have gone bysince your purchase, unfortunately we can not offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging, unopened and not missing parts.
To complete your return, we require a receipt or proof of purchase.
(d) Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
Delivery and Shipping
we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence by shipping individual packages in the order they are available and conditions permit. In these instances, our notification to you that your order has “shipped”, marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time.
We will use reasonable endeavors to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
Risk of Loss
All items purchased from Darkvapes and/or darkvapes.co.nz are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
Refund and Warranty
If you are contracting as a consumer, you may cancel an order that we have accepted at any time within seven working days, beginning on the day after you received the products. In this case, you will receive a full refund of the price paid for the products. Please note you must return the product to us and must pay the cost of returning the product to us under the policy, unless the product(s) are not those you ordered, in which case we will bear your costs of returning the product(s) in question to us.
You will not have the right to cancel an order under these provisions if any party, being yourself and/or somebody or some being, has unsealed the product.
To cancel an order, you must inform us by email. You must also return the product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Your order will be fulfilled as soon as possible, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, which could in exceptional circumstances be longer than 30 days.
Privacy and Your Account
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
Personal information should only be collected shipping and warranty purposes. Appropriate security measures is in place to protect customer data
Personal data will not be transferred to a country or territory outside the European Economic Area unless that country or territory also ensures an adequate level of protection for that data.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
Disclaimers and Limitations of Liability
Darkvapes.co.nz will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
The Site is provided on an "AS IS," "as available" basis. Neither Darkvapes, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither Darkvapes Shisha, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, Darkvapes Shisha makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of New Zealand and Australia. Darkvapes Shisha specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Darkvapes Shisha or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall Darkvapes or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Darkvapes Shisha records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Darkvapes Shisha has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal for adults over 18 years of age, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
Intellectual Property Infringement
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Associates") who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Site;
Your name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement. Our claims agent can be contacted at firstname.lastname@example.org and/or Darkvapes.
If you access the Site from within the New Zealand, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in, except that, to the extent you have in any manner violated or threatened to violate Darkvape's intellectual property rights, Darkvapes may seek injunctive or other appropriate relief in any court in New Zealand and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the Arbitration and Mediation Institution of New Zealand. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification & Severability
Please review our other policies, such as our Privacy and Security Policy, Returns Policy, Shipping & Delivery Policy and others, all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
All products are covered against damage in transit, DOA (dead on arrival) and manufacturing defects for at least 30 days.
Most MODs and 18650 battery chargers are covered for 90 days.
Some items have different warranty periods.
You can find the information about the warranty period for each product on their product description.
If you have a problem with a product you have purchased from us please contact us email@example.com as soon as possible and we'll do our best to help you resolve the problem.
If a product is deemed to be faulty the buyer will be responsible for shipping the product back for testing. If the product is found to be faulty the buyer will be sent a replacement if one is available, or offered store credit for the original purchase price.
All products carry limited warranty and under New Zealand consumer law the customer is responsible for the return postage of the product to us. If the warranty issue is found to be valid (not caused by fault of the consumer) we will happily send a replacement item and cover the shipping costs. If no manufacturer fault is found then return postage will be at the customer's expense.
Prebuilt atomisers and coils: A DOA policy of 36 hours on atomisers and coils applies as these are classed as consumables (designed to be used and thrown away after a certain amount of time). Keep in mind that coils must have adequate liquid in the wicking material prior to firing to ensure the coil doesn't burn out.
Regulated mods and atomisers: DOA policy of 36 hours. All mods manufactured in China carry a 30 day limited warranty for manufacturer faults. USA made are dependant on the manufacturer with some providing up to 90 days.
Batteries: While batteries are also considered a consumable, in the case of an item being DOA we will happily replace it within two weeks from the purchase date (14 days).
E Liquids: Due to the consumable nature of these products and the inability to reuse or resell once they have left our facility, returns or refunds are not allowed for any type of e-liquid ordered. We accept no returns for any liquids EVER, flavour and taste is very subjective, if unsure please purchase smaller sizes at first.