TERMS AND CONDITIONS
Quokka Finds | quokkafinds.com
- About these Terms
1.1 These Terms form a contract between you and Quokka Finds (“we”, “us”, “our”).
1.2 By browsing the Site, creating an account or placing an order, you agree to these Terms. If you do not agree, please do not use the Site or place an order.
1.3 These Terms apply to sales to consumers in Australia only. We do not sell or deliver to addresses outside Australia.
1.4 These Terms should be read together with the following pages of the Site, which also apply to your order: Shipping & delivery; Returns & support; Age & compliance; Privacy Policy; and FAQ. If there is a conflict, these Terms prevail to the extent of the conflict.
1.5 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“ACL”), or under any other law that cannot lawfully be excluded. If any part of these Terms is inconsistent with the ACL, the ACL applies.
1.6 These Terms describe how we trade. They are not legal advice to you.
- Who we are
2.1 Quokka Finds is [legal entity name], ABN [ABN], with its registered address at [registered address] (“Quokka Finds”, “we”, “us”, “our”).
2.2 You can contact us by email at [email protected], by WhatsApp on [WhatsApp number, if used], or through the contact form on the Site.
2.3 We are an online retailer of vaping devices, pods, consumables and accessories, supplying adult customers in Australia.
- Definitions
3.1 “Order” means an order for Products submitted through the Site.
3.2 “Products” means the goods offered for sale on the Site.
3.3 “Business Day” means a day that is not a Saturday, Sunday or public holiday in the state or territory to which the Order is being delivered.
3.4 “Delivery Address” means the Australian address you provide when you place an Order.
3.5 “Consumer” has the meaning given in the ACL.
- Who may buy — age and eligibility
4.1 You must be at least 18 years old to use the Site and to buy Products.
4.2 By placing an Order you confirm that: (a) you are 18 years of age or older; (b) you are buying for your own personal use; (c) you are not buying for resale, supply or distribution to any other person; and (d) the information you give us is true and complete.
4.3 We may ask for proof of age at any time before dispatch or delivery. If we cannot confirm that you are 18 or over, we may cancel the Order and refund the amount paid.
4.4 You must not place an Order on behalf of a person under 18, and you must not supply Products purchased from us to a person under 18.
4.5 We may refuse or cancel an Order where we reasonably believe that these requirements are not met, or where we are required to do so by law.
- Products, descriptions and stock
5.1 Product pages describe the Products we hold and can point to in our records. Specifications, packaging and labels may change between batches; the Product you receive is the reference for what you have bought.
5.2 Stock status (in stock, out of stock, discontinued) is shown on each product page and is current at the time you view it. If an item becomes unavailable after you order, we will contact you to explain the options, which may include cancelling that item and refunding the amount paid for it.
5.3 We keep the supplier, purchase date, arrival check and source record for each Product, and these can be checked item by item. For a genuineness check, enter the verification code on the pack on the brand’s own verification page; the result of that check comes from the brand.
5.4 Products are supplied for personal use only. You must not resell, hire or redistribute them.
- Orders and acceptance
6.1 To place an Order, choose your Products, add them to the cart, enter your Delivery Address and submit the order.
6.2 Your Order is an offer to buy. A contract is formed when we confirm the Order (by order confirmation or by dispatch, whichever happens first).
6.3 We may decline or cancel an Order if: the Product is unavailable; the price or description was listed in error; we cannot verify your age; the payment is declined, reversed or flagged as fraudulent; or the Order appears to breach these Terms or the law.
6.4 If we cancel an Order under clause 6.3, we will refund the amount paid for it. We will not be liable for any other loss arising from the cancellation.
6.5 You may ask to cancel an Order before it is dispatched by contacting us with your order number. If the Order has already been dispatched, clause 9 applies.
6.6 The way an order confirmation is sent (email, phone or another method) may change; we will follow the method we publish at the time.
- Prices, GST and payment
7.1 All prices are in Australian dollars (AUD) and include GST where GST applies. The price shown on the product page at the time you submit your Order applies to that Order.
7.2 Payment is by credit card only, using the cards shown at checkout. Bank transfer, cash on delivery and buy-now-pay-later services are not available at this time, and we will not offer a method as available before it is live.
7.3 Card payments are processed by our third-party payment provider over an encrypted connection. We do not store full card numbers.
7.4 A flat shipping fee of $10 applies to each Order and is shown as a separate line in the order total.
7.5 First-order offer: the code FIRSTSHIP covers the $10 shipping fee on a first Order to an Australian address, once per address. The code applies to the shipping fee only, has no cash value, cannot be combined with other offers, and may be withdrawn. The code is checked and applied by us manually; if it is not available, we will tell you before you pay.
7.6 If a price or fee is listed in error, we may cancel the Order and refund the amount paid, even after the Order is confirmed.
7.7 If a payment is declined, reversed or charged back, we may suspend or cancel the Order.
- Delivery
8.1 We deliver to addresses in Australia only, in all states and territories. We do not apply a state-by-state sales restriction. Some regional and remote addresses may take longer than the reference times below.
8.2 Parcels are handed to Australia Post. Once an Order is dispatched we email a tracking number and a link to the Australia Post tracking page.
8.3 Dispatch is counted from the time the Order is submitted: an Order submitted before 2:00 pm AEST on a Business Day is dispatched the same day; an Order submitted after 2:00 pm is dispatched the next Business Day. Public holidays and daylight-saving changes are handled under the arrangements published on the Shipping & delivery page.
8.4 Reference delivery times after dispatch are: Sydney about 2 days; Melbourne and Adelaide 2-3 days; Brisbane, Canberra, Hobart and Darwin 3-4 days; Perth 4-6 days. These are reference times only and are not guaranteed delivery dates.
8.5 Parcels containing devices with built-in batteries are subject to the carrier’s transport rules and may be carried by road rather than air, which can make delivery slower than the reference times even where express post was selected. This is the carrier’s rule and is outside our control.
8.6 Risk in the Products passes to you when they are delivered to the Delivery Address, or when they are left at the address or another location in accordance with the carrier’s authority to leave. Title passes when we have received payment in full.
8.7 If delivery cannot be completed because the Delivery Address is incorrect or incomplete, or because no one is available to receive the parcel and it is returned to us, we will contact you. You may be responsible for the cost of redelivery.
8.8 We are not responsible for delays caused by the carrier, extreme weather, industrial action, public health measures or other events outside our reasonable control.
- Problems, returns, refunds and replacements
9.1 Reporting a problem. Contact us by email at [email protected] or by WhatsApp, quoting your order number, the Product and what went wrong. Photographs of the Product, its packaging and its label help us check the report quickly.
9.2 What we do with a report. We check the report against the order record, the Product source record and the arrival check record for that item, and reply as soon as we can. We do not set a fixed response time: a reply is not the same as the problem being resolved, and how a specific case will be handled is confirmed after we have checked it.
9.3 Your rights under the Australian Consumer 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 to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
9.4 Faulty, damaged or not as described. If a Product is faulty, damaged when it arrives, or materially different from its description, you may contact us under clause 9.1. Where the failure is a major failure you may choose a refund or a replacement; where the failure is not a major failure we may choose between repairing, replacing or refunding the Product. We may ask you to return the Product before a remedy is provided.
9.5 Damaged in transit or wrong item. Please report it within 48 hours of delivery, with photographs. Where the damage occurred in transit or the wrong item was sent, we will arrange a replacement or a refund and cover the reasonable cost of returning the item.
9.6 Change of mind. For hygiene and product-safety reasons, we do not accept returns or exchanges where you have changed your mind, or where a device, pod, e-liquid or other consumable has been opened or used, except where the ACL requires us to accept a return. Unopened, sealed Products may be accepted at our discretion within 7 days of delivery, provided they are unused and in a resaleable condition; in that case the cost of returning the item is yours.
9.7 Return postage. Where the ACL applies (for example, a Product that is faulty or not as described), we pay the reasonable cost of returning the Product. In any other case, the cost of returning the Product is yours.
9.8 Refunds. Approved refunds are paid to the original payment method (your credit card) within 5 Business Days of approval. Your bank or card issuer may take longer to show the refund on your statement.
9.9 Consumables and opened items. Pods, e-liquid and opened devices cannot be returned for hygiene and safety reasons unless they are faulty or not as described.
9.10 Disposal. A used or damaged device must not be sent back through ordinary post without contacting us first, and must not be placed in household rubbish or a recycling bin. Devices contain a battery and residual e-liquid and must be disposed of through your local hazardous-waste arrangements, as described on the Returns & support page. We do not operate a take-back service.
9.11 Additional policies. From time to time we may publish additional or goodwill policies on the Returns & support page. Those policies apply in addition to, and do not replace, your rights under the ACL.
- Consumer guarantees
10.1 Nothing in these Terms excludes, restricts or modifies the consumer guarantees in the ACL, including the guarantees that goods are of acceptable quality, fit for any disclosed purpose, and match their description.
10.2 Where a consumer guarantee is not complied with, you are entitled to the remedies set out in the ACL, which may include a refund, replacement, repair or compensation for reasonably foreseeable loss or damage.
10.3 The remedies in the ACL are in addition to, and are not limited by, any policy described on the Site.
- Safe use and handling
11.1 Products are intended for use by adults aged 18 and over, in accordance with the instructions and warnings supplied with them.
11.2 Do not modify, dismantle or repair a device yourself. Do not use a device that is damaged, leaking, overheating or otherwise faulty; set it aside and dispose of it through your local hazardous-waste arrangements.
11.3 Keep Products and e-liquid out of the reach of children and pets, and follow the safety and warning information on the packaging.
11.4 You are responsible for using the Products lawfully and safely.
- Age and regulatory compliance
12.1 We only offer Products that we are permitted to supply under the law that applies at the Delivery Address, and we may withdraw Products, restrict supply or cancel an Order where the law requires.
12.2 Vaping products are regulated in Australia. Where a Product may lawfully be supplied to a consumer only in particular circumstances (for example, on prescription, or only through a pharmacy), we will not supply it to you unless those circumstances are met.
12.3 You are responsible for confirming that buying, possessing and using the Products is lawful in your circumstances, and for complying with any age, prescription or product restrictions that apply to you.
12.4 We may update, restrict or withdraw any Product at any time to comply with the law or with a regulator’s direction.
- Intellectual property
13.1 The Site, its design, text, photographs and logos are owned by us or used by us under licence, and are protected by copyright and other laws. You may view and print pages for your own personal use only.
13.2 You must not copy, reproduce, republish or use our content for a commercial purpose without our written permission.
13.3 Product and brand names shown on the Site are the trade marks of their respective owners.
- Privacy
14.1 We collect and handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and in accordance with our Privacy Policy, which forms part of these Terms.
14.2 The Privacy Policy explains what we collect, why, how it is used and disclosed, and how you can access or correct it.
- Third parties
15.1 We use third parties to operate the Site, process card payments and deliver parcels (including Australia Post). Their own terms may apply to the services they provide to you.
15.2 Where the Site links to a third-party website, we do not control and are not responsible for that website or its content.
- Liability
16.1 Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, for fraud, or any liability under the ACL.
16.2 Subject to clause 16.1, and to the extent permitted by law, our total liability arising out of or in connection with an Order is limited to the amount you paid for that Order.
16.3 Subject to clause 16.1, we are not liable for any indirect or consequential loss, loss of profit, loss of opportunity or loss of data arising out of or in connection with the Site or an Order.
16.4 Subject to clause 16.1, we are not responsible for loss caused by your misuse of a Product, by your failure to follow the instructions or warnings supplied with it, or by any modification you make to it.
- Indemnity
17.1 You indemnify us against any loss, damage, cost or expense (including reasonable legal costs) that we suffer as a result of your breach of these Terms, your unlawful use of the Site or the Products, or your resale or supply of the Products to another person.
- Events outside our control
18.1 We are not liable for any failure or delay in performing our obligations caused by an event outside our reasonable control, including carrier disruption, extreme weather, industrial action, public health measures, or a failure of a third-party service.
18.2 If such an event occurs, we will contact you to let you know what it means for your Order, and we may cancel the Order and refund the amount paid.
- Changes to these Terms
19.1 We may update these Terms from time to time. The version published on the Site at the time you submit your Order applies to that Order.
19.2 The current version of these Terms is the version published at quokkafinds.com/terms, and it replaces any earlier version.
- General
20.1 If any provision of these Terms is held to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force.
20.2 A failure or delay by us in enforcing a provision is not a waiver of that provision.
20.3 These Terms, together with the pages referred to in clause 1.4, set out the entire agreement between you and us in relation to the Site and your Orders.
20.4 We may assign or transfer our rights and obligations under these Terms. You may not assign your rights without our written consent.
20.5 Notices to you may be sent to the email address you provide with your Order. Notices to us must be sent to [email protected].
20.6 A reference to a statute includes any amendment or replacement of it.
- Governing law
21.1 These Terms are governed by the laws of [State/Territory], Australia, and the laws of the Commonwealth of Australia that apply in that state or territory.
21.2 You and we submit to the non-exclusive jurisdiction of the courts of [State/Territory] and of the courts competent to hear appeals from them.
21.3 Nothing in this clause limits any right you have to bring a claim in another court where the law allows it.
- Contact and complaints
22.1 Questions about these Terms, an Order, a delivery or a Product can be sent to [email protected], by WhatsApp on [WhatsApp number, if used], or through the contact form on the Site.
22.2 If you have a complaint, please send it to us in writing with your order number and the details. We will reply as soon as we can and explain what we can do.